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(영문) 의정부지방법원 고양지원 2014.01.15 2013고단1165

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Around April 18:33, 2013, the Defendant driven C Atop car under the influence of alcohol concentration of approximately 0.190% in a section of about 100 meters from the free parking of the Soyang-gu Office located in the Seoyang-dong, Seoyang-gu, Yongsan-gu, Busan to the front road of the Dong-gu government unit wastes located in the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of CAtop cars.

On April 6, 2013, at around 18:35, the Defendant driven the said vehicle under the influence of alcohol of 0.190%, and operated the three-lane road in front of the Dosan real estate located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 906-5, Seoyang-gu, Seoyang-gu, Seoyang-gu, the Defendant changed the two-lane, a straight line, from the 6th side of the light village complex to the left-hand turn.

When changing a lane, a person engaged in driving service has a duty of care to change the lane in the manner of the traffic situation of the front and rear left-hand.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive and negligently changed the lane as is, was driven by the victim D (year 44) who moved the lane from the two to the three-lane in order to avoid a vehicle driving by the Defendant, and received the front part of the vehicle driving by the Defendant.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the elbow salt and tension, which requires treatment for about two weeks, and at the same time, avoided the repair cost to the extent that the 245,857 won, such as the exchange of the libow, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's interrogation protocol of some prosecutor's office 1.