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(영문) 의정부지방법원 고양지원 2014.12.05 2014고단1910
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving motor vehicles with C bid.

On June 1, 2014, at around 21:15, the Defendant driven the foregoing vehicle while under the influence of alcohol 0.315% of alcohol concentration, and led the Defendant to bypass the road front of the Dobongcheon-gu, Macheon-ri Malaysian Malaysia to the bewing-do.

At the time, since it is night and place, there is a central line, a person engaged in driving service has a duty of care to accurately manipulate the steering gear and brake system and not to intrude the central line.

Nevertheless, under the influence of alcohol, the Defendant is driving without neglecting to do so.

The central line is running from the bencheon-do bank to the area of gold village due to the negligent negligence of the central line.

A victim D (year 42) who is waiting for a signal signal was driven by the victim D (year 42) in front of the left side of the bus seat, and received the front part of the vehicle above.

At the same time, the Defendant: (a) caused the injury of light dump salt, etc., which requires approximately two weeks of medical treatment to the above D due to occupational negligence; (b) suffered injury to the victim F of seat bus passengers (at the age of 24 years), such as cump salt dump dump, etc., which requires two-day medical treatment; and (c) at the same time, destroyed the seat bus to meet the repair cost of KRW 623,524; and (d) did not immediately stop the seat bus to take necessary measures

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made to D and G;

1. The Defendant asserts that, at the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol, in a state of mental disability, under the influence of alcohol.

Article 10(3) of the Criminal Code provides that the provision of mental and physical disorder shall not apply to an act of a person who predicted the occurrence of danger and caused a mental and physical disorder as a result of an intentional act, and this provision shall not apply to an act of a person who caused a mental and physical disorder.

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