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(영문) 대전지방법원 서산지원 2013.06.21 2013고단133
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The defendant is a person who is engaged in driving of a wing and cargo vehicle B.

On November 29, 2012, at around 06:15, the Defendant driven the above cargo while under the influence of alcohol with 0.05% of alcohol concentration 0.05%, and was proceeding at an influent speed in accordance with the first three-lanes of the fluent oil station in the flusium in the flusium in the flusium in the flusium in the flusium in the Sc

Since the passage of a vehicle is frequent, the driver who proceeds from the place has a duty to see the front and rear left, accurately operate the steering direction and brakes, and if the lane is altered, he/she has the duty to inform the change of course by direction, etc. in advance and to change the lane safely by taking into account the situation of the passage of the surrounding vehicle.

Nevertheless, the Defendant neglected the above duty of care and changed the two lanes into a two-lane, and then rapidly changed the two-lanes to a one-lane, and went away without taking measures such as examining the status of victims and confirming the degree of damage, etc., even though the victim C (the 52-year-old) driven by the said C, which was driving by the said C, caused the victim E (the 47-year-old), the victim F (the 52-year-old), and the victim G (the 46-year-old) to go along the said C and the said rocketing car by shocking the upper part of the right-hand part of the said cargo vehicle, which was driven by the victim C (the 52-year-old). At the same time, the Defendant did not take measures such as checking the degree of damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement of E, F, G, and H;

1. A copy of the traffic accident occurrence report, the report (1), (2), and the evidence of the traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. Application of the statutes governing a written estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act as to the crime by occupational negligence.

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