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(영문) 광주지방법원 목포지원 2014.06.10 2014고단349
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle of C and one ton.

On January 22, 2014, at around 22:40, the Defendant driven the above cargo while under the influence of alcohol of 0.164% with a blood alcohol concentration of 0.164%, and led the Defendant to proceed to the f1st stadium of the apartment room on the surface of the apartment room, with a view to the dancing and the passage of selling outlet in the Yongnam-gu, Youngnam-gun.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to safely proceed along the lane on the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line along the opposite direction one-lane, and the Defendant was driven by the victim D (the age 42) driving along two lanes from the apartment room in Med F1 Stack Stack Stack Stack, which was an apartment, along the two-lanes of the apartment room in the direction of the opposite direction. The Defendant received the top-hander in front of the left-hand part of the Defendant freight vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim D to suffer injury to the victim F (the victim F (the 51 years of age) who is a passenger of the said car, such as salt, tensions, etc. requiring approximately two weeks of medical treatment, and escaped without immediately stopping the car of the victim F, even though it damages approximately KRW 473,634 won for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. Each written diagnosis and estimate with respect to D or F;

1. The sentencing criteria shall not apply, since the application of the law on the scene of traffic accident is of a commercial concurrent relation;

1. Destruction and damage of things under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts.

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