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(영문) 전주지방법원 정읍지원 2016.07.05 2016고단24

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 3, 2015, from around 18:45 to 18:555 on the same day, the Defendant driven a Fpoter truck from the narrow channel (3m wide) in front of the village in front of the Dong-Eup, in the state of alcohol level of 0.185% during blood alcohol level between the Defendant from around 18:45 to around 18:55 on the same day, to the E village bank.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Investigation report (related to the application of the above d mark);

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty (the point of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) of Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The summary of the facts charged is that the Defendant is a person engaging in driving a F Poter freight vehicle.

On January 3, 2015, from around 18:45 to 18:55 on the same day, the Defendant driven the above cargo while under the influence of 0.185% alcohol during blood, and proceeded at a narrow channel (3m in width) of a one-lane in front of the village in the front of the village in Jung-Eup, Chungcheongnam-do, the Defendant turned into the speed of speed from the village bank to the village bank in which the speed cannot be known.

At night, the width of the road was narrow and preceding, and the victim G (80 years old) was placed in the same direction as before, and thus, there was a duty of care to prevent accidents in advance, such as those who were engaged in driving of a motor vehicle, by accurately operating the steering room and the left and right of the motor vehicle, and by accurately operating the steering gear and the steering gear, it was a duty of care to prevent accidents, such as driving the motor vehicle by avoiding the pedestrian victim.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving so that the victim was found late due to negligence and did not avoid it, and the defendant was able to receive the victim on the left side of the cargo vehicle that the defendant is driving.

In the end, it is eventually.