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(영문) 대구지방법원 포항지원 2014.04.30 2013고단1278
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a cargo vehicle.

1. On August 28, 2012, the Defendant was under the influence of alcohol at a level of 0.148% by blood alcohol level without obtaining a driver’s license on August 14, 2012, the Defendant driven the said cargo at a level of approximately 200 meters in front of the 52-dong, Han-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Han-dong, Han-dong, Han-dong, Han-dong, an Eup/Myeon-dong at the 52-dong, Han-dong, Han-dong, Han-dong, Han-dong

2. 특정범죄 가중처벌 등에 관한 법률위반(도주차량) 피고인은 2012. 8. 28. 14:00경 자동차운전면허를 받지 아니하고 혈중알코올농도 0.148%의 술에 취한 상태로 위 화물차를 운전하여 포항시 북구 흥해읍 남성리 승리돼지국밥 앞 도로를 흥해로타리 쪽에서 벧엘교회 쪽으로 진행하게 되었다.

It is a road that has no distinction between two lanes and India, and commercial buildings are densely concentrated, and there are many vehicles parked on the left and right right side, so there was a duty of care to confirm the safety of the course and to drive the vehicle by reducing the speed and properly examining the left and right side of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and followed the part of the victim D (the age of 38) which is a pedestrian who walked in the same direction on the right side of the defendant's bed of the same direction, which is a breath of the above cargo vehicle.

Although the Defendant suffered injury to the above victim, such as 11-12 chest-12, which requires medical treatment for about 12 weeks due to occupational negligence, the Defendant immediately stopped, and did not take necessary measures, such as checking the damage situation, and providing relief to the victim.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement of the police with D 1.

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