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(영문) 의정부지방법원 2016.06.03 2016고단732
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B 2 cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 17, 2016, the Defendant driven the above vehicle while under the influence of alcohol at around 23:40 on February 17, 2016, and driven the two-lane road in front of the office of the Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, in the 59-do, into the middle apartment at a speed of about 20km per hour, depending on one lane towards the middle apartment.

At night, there was a duty of care to prevent accidents due to the driver's duty of care as a person engaged in driving of the vehicle. In such a case, there was a duty of care to prevent accidents by driving the vehicle safely.

Nevertheless, the Defendant did not discover the victim C (39 tax) who was on the first lane in order to board the mast taxi while driving while neglecting his/her duty while under the influence of alcohol, and was shocked with the front side of the mast and the front part of the vehicle driving by the Defendant.

Ultimately, even if the Defendant suffered injury to the victim, such as salt, tension, etc. of the upper pelpel in need of medical treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. On February 17, 2016, the Defendant: (a) driven B 2, while under the influence of alcohol content of about 0.160% from the 10km section of the blood alcohol level to the road front of about 45 km in the same city, from the 10km road in front of the 59 Yanyang-si, Namyang-si, the Yan-do Office near the Yannam-ro, the Yannam-si, the Yannam-si, the Yan-si, the Yan-si, the Yan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

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

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and the Criminal Act.

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