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(영문) 수원지방법원 평택지원 2013.07.04 2013고단495
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a Brenren car.

On February 23, 2013, at around 14:20, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.174%, and the Defendant driven the said vehicle and driven the road in front of the distance of the kidney landing via Pyeongtaek-si on the port of Pyeongtaek-si by using the said vehicle, along with one lane from the shot police station to the shot station.

In such a case, the Defendant, as a driver of a motor vehicle, has a duty of care to drive safely, such as ensuring safety distance to prevent drilling when a vehicle stops due to signal waiting, etc., despite the fact that there is a duty of care to do so, he neglected to do so, and continuously proceeded with the Defendant’s driver’s duty of care. As a result, the Defendant, prior to the same vehicle on the same lane, shocked the C vehicle behind the vehicle parked in the signal signal route to the front driver of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the signal signal, and caused the victim E(49 years old), the victim, the passenger in front of the vehicle in front (47 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and G;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Requests for appraisal;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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