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(영문) 창원지방법원 거창지원 2015.04.15 2015고단10
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

[criminal record] On March 10, 2010, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the head of the Changwon District Prosecutors' Office, and on August 30, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act from the Changwon District Court's branch office to the Changwon District Court's branch office.

【Criminal Facts】

1. Notwithstanding the fact that the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) two or more times, the Defendant driven D rocketing car with a blood alcohol concentration of about 2 km from the front of the wing line located in the wing line in the Yongsan-gun, Gyeong-gun, Gyeongnam Development-gun, on October 18, 2014 to the front road of the same military forces C without a driver’s license, while under the influence of alcohol of about 0.161% without a driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of DNA cars.

On October 18, 2014, at around 20:50, the Defendant driven the above vehicle, and tried to turn to the left at the dwelling of the Defendant while driving the 24th national highway letter of the development-based national highway C in front of the 24th national highway of the Development-gun toward the erode section from the erode of the Eup.

At the time, there is a place where the center line of the yellow-line is installed at night and there is a place, so a person engaged in driving a motor vehicle should not proceed to left the left beyond the center line, a person engaged in driving a motor vehicle has a duty of care to properly operate the steering gear and the brake system and to prevent accidents due to the failure of accident.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left at the center line due to negligence, and operated in the opposite lane, the front part of the victim E Fpoter Cargo Vehicle, which was operated in the opposite lane, was the front part of the Defendant vehicle.

Ultimately, the defendant is the passenger of the victim E vehicle due to the above occupational negligence.

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