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(영문) 수원지방법원 2015.08.27 2015고단1590
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of C's Compact andcom car.

On January 16, 2015, the Defendant, while under the influence of alcohol of 0.056% of blood alcohol concentration at around 03:40, the Defendant driven the said car and came to run at the point of 51.2 km from the Incheon Sin-dong Highway, which is located in the main population of the city, at the point of 51.2 km from the Sin-dong Highway, the Defendant continued to drive the said car at a e-mail speed in accordance with the non-speed.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by safely driving the steering system, such as taking the front door and left door well, accurately operating the steering gear and brake system, etc.

Nevertheless, the Defendant, while driving under the influence of alcohol without neglecting the above duty of care, examined the back part of the D Poter Cargo as the front part of the D Poter’s vehicle. This shock caused damage to the cargo loaded on the road, while the cargo loaded on the Poter was destroyed due to this shock, and the E Poter’s car following the Poter’s car conflict with the cargo.

Ultimately, the Defendant driven a car while under the influence of alcohol, and caused the injury to the victim F, G, the driver of the passenger car, and H, which are the driver of the passenger car due to the foregoing occupational negligence, by causing approximately two weeks of medical treatment to the passenger.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and a traffic accident report (2);

1. Photographss, photographs, etc. of the accident scene;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of causing bodily injury from occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The crime of violation of the Road Traffic Act in the option of punishment;

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