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(영문) 수원지방법원 평택지원 2016.12.21 2016고단1937
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. A person who is engaged in driving a DNA cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents).

On June 25, 2016, the Defendant driven the above cargo vehicle at around 00:05, and had the front of the road E, when he was aware, proceeded with the front of the land E, from the dead surface of the land.

At the time of night, there was a duty of care to safely drive a person engaged in driving duty by checking well the right and the right and the right.

Nevertheless, the Defendant neglected this and was parked on the right side of the running direction due to the negligence of driving while under the influence of 0.144% of blood alcohol content, and received the back part of the f4.5 tons truck truck truck vehicle left side of the driving direction as the front part of the truck vehicle.

Ultimately, even though the Defendant was negligent in the above occupational negligence to the victim G (the age of 68) who was accompanied by the Defendant’s driver’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s b

2. The Defendant violated the Road Traffic Act (driving) driving a DNA cargo vehicle under the influence of alcohol content of about 0.144% at the section of about 3 km from the front of a bus bus terminal at the time of the temporary border as stated in paragraph (1) to the road of about 166 km in the same erode.g., the same e., the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony at each court by witness H and G;

1. Statement of witness police officer;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Each photograph (on-site, etc. after accidents);

1. Application of Acts and subordinate statutes of a medical certificate;

1. The driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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