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(영문) 대구지방법원 경주지원 2016.04.28 2015고단1037
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

1. On October 26, 2015, the Defendant, at around 23:35, driven a vehicle with alcohol level of approximately 0.077% in the section of about 1km from the roads in front of the Sung-dong "Yak Kink Kink Kin Kink's house" to the front road of the Dong-dong University Hospital for the same time, the Defendant was under the influence of alcohol level of at least 0.07% in blood.

2. Defendant 1 is a person engaging in driving service of the said automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and the Road Traffic Act (ii).

Defendant discovered that police officers are under influence of alcohol in the front while driving the said vehicle under the influence of alcohol at the time of the above day, and immediately avoided the crackdown, and proceed to the intersection of the “D cafeteria” in front of the “D cafeteria” in the racing-si.

At the time, the Defendant was waiting for a Fstunta patrol vehicle, which is driven by a slope victim E (34 tax) of the Police Station, and operated by the Defendant on the front side of a passenger car operated by the Defendant. In such a case, there was a duty of care to immediately stop the vehicle so as not to obstruct traffic flow and prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected the patrol to escape from the said patrol vehicle and went off through the space after the patrol, and failed to properly operate the steering gear and the steering system, and caused the Defendant to drive the said patrol vehicle to the right part of the motor vehicle in front of the right part of the motor vehicle driven by the Defendant. In order to stop the said motor vehicle, the Defendant was in the front part of the said patrol vehicle with the left part of the said patrol vehicle, and was in front of the left part of the said motor vehicle.

Ultimately, the defendant is a person who suffers from occupational negligence above.

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