logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2014.05.08 2014고단90
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Non-accident) are those who are engaged in driving of 25 tons dump trucks called Hyundai T.

On September 6, 2013, the Defendant driven the above truck under the influence of alcohol of 0.066% with blood alcohol concentration of 08:05 on September 6, 2013, and led to the running of the front distance of the red apartment located in the Madsan Sin-Eup Madro in Jinjin-si.

Since such place is a place where traffic is not controlled, the driver of the vehicle has the duty of care to safely drive the vehicle after checking whether there are vehicles crossing by living well on the front side and the left and right by temporarily stopping the vehicle prior to entering the intersection in such cases.

Nevertheless, the Defendant neglected this and went to the right from the left side of his driving direction due to the negligence of the Defendant's failure, which led to a dump truck in front of the Defendant's driving of the d1 ton of the dump truck.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the dynasium dynassis of the right 8,9,10 boness, which requires treatment for about five weeks, and at the same time, escaped without any necessary measures such as aiding and abetting the 10,639,376 Won of the above dynasium, even though it damages the above dynasium to take measures such as aiding and abetting the victim

2. On the date and time set forth in paragraph (1), the Defendant was driving a dump truck in the state of alcohol alcohol concentration of approximately 0.066% at the section of approximately 350 meters from the front day of the Seoul wire ropes to the point of accident set forth in paragraph (1) of this Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The actual condition survey report;

1. An accident site photograph;

1. A report on investigation;

1. Application of the Acts and subordinate statutes of quotation and written diagnosis.

arrow