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(영문) 수원지방법원 안산지원 2015.09.23 2015고단2045
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 09:88 on June 19, 2015, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol with a maximum of 850 meters alcohol concentration of 0.073% at a section of approximately 850 meters from the front day of Sinung-si to the front day of Sincheon-dong 736-2, Shincheon-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving vehicles of 31 ton cargo vehicles;

On June 19, 2015, at around 08:55, the Defendant driven a cargo vehicle while under the influence of alcohol, as described in paragraph (1), and led to the three-lane road in front of D in front of C in the Chondo from the Dowon Elementary School at Chwon Elementary School at Chondo, one-lane.

Since the place is where a central line is installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to refrain from breaking the central line.

Nevertheless, under the influence of alcohol, the Defendant was able to prevent the unauthorized crossing in front of the cargo vehicle in front of the instant cargo vehicle by negligent negligence in breathing the central line, and was driven by the victim E (the aged 35) who was stopped according to the signal atmosphere in the opposite part.

As a result, the Defendant suffered injury to the victim E, such as salt, tensions, etc. for about three weeks of medical treatment due to such occupational negligence, and at the same time, the victim E-owned Lone Star car in the sum of 3,289,658 won, such as the exchange of the front panel, etc. for repair, and escaped without taking measures, such as prompt stopping, even after destroying the fences to prevent unauthorized crossing managed by the Si interest viewing, for the repair cost of KRW 1,707,00,000, for each of them to rescue the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. A traffic accident report;

1. The circumstantial statement of an employee will be made;

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