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(영문) 의정부지방법원 2013.09.17 2013고단1363
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 engaged in driving B-type cargo vehicles. Around 19:00 on February 23, 2013, the Defendant driven the said vehicle under the influence of alcohol level of 0.156% on a blood alcohol level without obtaining a driver’s license. While driving the said vehicle under the influence of alcohol level of 0.156% on a elim apartment, in the direction of the elim apartment village center in the direction of the Gyeonggi-gu Gim-gun, Gyeonggi-do, in the direction of the elim apartment, the Defendant was a “T”-type crossing at the same time. In such a case, a person engaged in driving service was obliged to pay a duty of care to reduce the speed prior to reaching a clear mental intersection and prevent an accident that may occur safely while driving another vehicle from causing interference with the passage of the other vehicle, and at the same time, the Defendant did not neglect to drive the said vehicle, or by driving the said vehicle in the direction of the Pyeongtaek-gun, e.g., the victim’s e., the above e., the victim’s 2-ray and the above part 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. An inspection report on actual conditions, a report on detection of drivers, and the register of driver's licenses;

1. Application of written estimates and written diagnosis to statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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