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(영문) 의정부지방법원 2012.08.10 2012고단906
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around February 23:54, 2012, the Defendant was driving a F Fribe vehicle with a blood alcohol concentration of about 600 meters from the front of the Mancheon-si D store to the same Esch Rexroth office. The Defendant was under the influence of alcohol by 0.174% from the 600-meter section to the same Esch Rexroth office.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Friex freight vehicle.

At around 23:54 on February 11, 2012, the Defendant, at the entrance of the Gnocheon-si Gnocheon-si, brought a dispute with the victim H (41 years of age, inn) who paid the heat to another Gnocheon-si, on the ground that he was giving the heat to such other Gnocheon-si. However, the Defendant, who was parked on the road in front of the instant singing-si, was placed first on the driver’s seat of the cargo vehicle of the Defendant who was stopped on the said singing-si, and then the victim tried to get the light.

Although the defendant showed that the victim returned back to the front side of the vehicle and opened the window immediately right side of the driver's seat, the defendant started the above cargo vehicle while under the influence of alcohol, left the bridge front of the D point in the Gun of Pocheon-si, and proceeded straight ahead of the 1st century in the middle of the city of Pocheon-si around 23:55 on the same day after moving right from the Hancheon-si to the right side of the road of two lanes in the middle of the city of Pocheon-si.

At the time, the Defendant was at night and the Defendant showed that the victim was on the right side of the driver’s seat immediately, and thus, the Defendant had a duty of care to prevent the accident in advance by safely driving the vehicle, such as reducing the speed of the vehicle while driving the vehicle, and driving the vehicle safely, by safely driving the vehicle, such as reducing the speed of the vehicle and driving it on the left side by driving the vehicle.

Nevertheless, the defendant neglected to do so.

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