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(영문) 의정부지방법원 2014.09.18 2014고단2407
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination Vehicle) and the Road Traffic Act (Non-accidenting Measures) are the drivers of BPoter cargo vehicles. On June 17, 2014, the Defendant driving the said cargo vehicle while under the influence of alcohol of 00:15% of blood alcohol concentration of 0.120%, and driving it along the two lanes in front of the 1570 Kpocheon-ro Pocheon-si Hospital from the direction of the Kpocheon Medical Center to the national highways of 43 degrees.

At the time of night, it was not easy to secure the right of view at night, so in such cases, the driver of the motor vehicle has a duty of care to safely change the lane after checking the front and rear left, checking the passage of other motor vehicles.

However, under the influence of alcohol, the Defendant was unable to perform the above duty of care and was negligent in changing the lane rapidly to another lane, and the part on the left side of the victim C(21 years old) driving in the same direction is facing the Defendant's truck right side.

The Defendant, due to the foregoing occupational negligence, destroyed the victim E (year 21), and the victim F (year 21) by the number of days of treatment to the victim G (year 23) who was accompanied by the same vehicle, suffered from the unfolded side of the number of days of treatment to the victim G (year 23) who was accompanied by the same vehicle, and, at the same time, destroyed the damaged knife to the 896,366 won of the repair cost, such as the cost of the knife plate, and escaped from the vehicle without immediately taking necessary measures.

2. The Defendant was under the influence of alcohol concentration of 0.120% in the above temporary border, and was driving the Poter truck from the front side of the Macheon-si, Macheon-si to the front side of the 1423 Gamsung Ginseng Association.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, G, F, and E;

1. A report on the state of the operation of a primary driving, and a report on the detection of a primary driver;

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