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(영문) 의정부지방법원 2013.11.19 2013고단2681
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 Category C cargo vehicles;

1. On May 8, 2013, at around 07:35, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") driving the above cargo vehicle with a 0.141% alcohol concentration in blood at around 07:35, 00, and is proceeding at a speed of 726 driver's speed from the Jinyang-si at the Jinyang-si, Namyang-si, Jin-si, Seoul, at a speed of 4:5, the driver is an intersection where signal, etc. is installed at that time, and at that time, the driver has a duty of care to reduce the speed and safely drive the signal, etc., while neglecting the duty of care to safely drive pursuant to the new subparagraph, while taking care of the victim's 4:5-day driver's vehicle in front of the victim's car in front of the above 3335-day driver's age).

2. At the time and time of the violation of paragraph (1) of the Road Traffic Act (driving) driving a C Poter freight in a state of about 5 kilometers from the 228-1 location to the point where the above traffic accident occurred at the point where the vehicle was located, with a blood alcohol concentration of 0.141%

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A written diagnosis (incept 30 pages) and a written estimate for the damaged motor vehicle;

1. A report on detection of a host driver;

1. Application of the actual condition survey report, traffic accident occurrence report, and on-site photograph Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act on the crime committed through occupational negligence and the escape after escape.

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