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(영문) 대전지방법원 서산지원 2013.05.30 2012고단1017
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

1. The accused is a person engaging in driving freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On August 15, 2012, the Defendant driven the above cargo vehicle around 21:00, and turned the two-lane road near the breadth of the mountain road located in the sloping-ri of the west-si, the west-ri, the west-ri, the west-ri, the west-ri, the west-ri, the west-do, the west-ri, the west-do, the west-ri, the west-do.

In such cases, a person who is engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and to enter and drive the motor vehicle in the rear.

Nevertheless, the Defendant neglected this and got a part of the FK5 car driven by the victim E, who is proceeding along one lane on the left side of the Defendant’s cargo vehicle by the negligence immediately going through the second lane, with the part on the left side of the Defendant’s cargo vehicle, and was driven by the victim E, who was proceeding along one lane from the direction of the inserted intersection.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt ties and tensions, which require two weeks of medical treatment, and, at the same time, did not immediately stop the damaged passenger vehicle despite the damage of KRW 1,50,986, and does not take measures, such as aiding the victim, even though the damaged passenger vehicle was damaged by the repair cost.

2. The Defendant violated the Road Traffic Act (driving) driving a 400-meter high-speed truck from the front of the Defendant’s residence in Chungcheongnam-si G in his/her temporary border, while under the influence of alcohol by 0.165%, at the same time as the above paragraph (1) of the same Article, from the front of his/her residence to the front of his/her H station in G.

Summary of Evidence

1. Defendant's legal statement;

1. E.

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