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(영문) 창원지방법원 밀양지원 2014.01.09 2013고단567

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in Changwon District Court's assistance on February 13, 2007, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the same court on May 21, 2012.

Criminal facts

1. Around 23:00 on October 4, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.061% without a vehicle driver’s license, and the Defendant was driving B cargo vehicles at approximately 12 km away from the Do in front of the original meat restaurant located in the Young-gun, Young-gun, Gun, and instead, from the Do in front of the original meat restaurant in the area of Young-gun, the Defendant was under the influence of alcohol with a blood alcohol content of 0.01%.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and drives a motor vehicle under the influence of alcohol again, while driving a motor vehicle without a driver's license.

2. A person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On October 4, 2013, 2013, the Defendant, as indicated in paragraph (1) of the No. 23:15, driven a motor vehicle while under the influence of alcohol without a motor vehicle driver’s license, was driving the motor vehicle at a speed of about 80km from the Si/Gun to the Si/Gun, where the Si/Gun was in the influence of the Si/Gun, instead of from the Si/Gun.

At the time, there are nights and other vehicles, so in such a case, the driver had a duty of care to look at the front door well in the person engaged in the driver's duty, and to prevent the accident by proceeding well with other vehicles' attitude.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty of care, led the victim C(W, 38 years old) driving the above intersection from the right edge to the Youngsan. The Defendant shocked the front right edge part of the victim C(W, 38 years old) driving to the right edge of the above cargo vehicle.