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(영문) 춘천지방법원 속초지원 2013.06.05 2012고단379
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a Crane car.

On October 13, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.101% in blood alcohol concentration on October 17:31, 2012, and driven the two-lane road in front of mother and child countries in the Sin-si Dong-dong at the beginning of the Sinsi-si, along the median-dong side, along one lane.

In such cases, a person engaged in driving service has a duty of care to safely proceed with the operation, such as checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the electric traffic while driving in the front section of the motor vehicle by negligence, and was driven by the victim D (A. 53 years old) who was driven in the front section of the motor vehicle by the victim D (A. 53 years old) as the front part of the motor vehicle.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the said D, such as the cage of the cage of the cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph concerning a traffic accident;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 of the Road Traffic Act concerning criminal facts.

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