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(영문) 전주지방법원 군산지원 2017.09.13 2017고단630
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a freight vehicle with C25 tons in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent) and the violation of the Road Traffic Act (or the non-accident after an accident).

On January 30, 2017, the Defendant driven the above cargo under the influence of alcohol content of 0.072% in the blood of 04:55 on January 30, 2017, while driving the said cargo at the influence of alcohol content of 0.072%, and proceeding two lanes, one of three-lanes, one of the three-lanes, one of the coast-distance crossing in the Gyeongnam-si, Gyeongnam-do, Gyeongnam-do.

At the same time, since there are nights and signals installed, the driver had a duty of care to prevent accidents by driving an accident in accordance with the signals and good faith by reporting the traffic situation of the intersection to the driver.

Nevertheless, the Defendant was a fuel tank part in the middle of the Defendant’s cargo vehicle, driving from the right side of the Defendant’s cargo vehicle to port in accordance with normal signals by neglecting the stop signal while drinking and going straight as it is. However, the Defendant received the front part of the Defendant’s cargo vehicle E (57 S) driving from the victim D (57 S) to port.

As a result, the Defendant suffered injury to the victim, such as salt dynasium in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant, such as the exchange of 1,821,950 won for repair, destroyed the above fynas to the extent that the 1,821,950 won, such as the exchange of the preceding fynas, and escaped without

2. Violation of the Road Traffic Act (drinking driving) driven a cargo vehicle with a 0.072% alcohol concentration in blood at a section of approximately 200 meters from a cargo public parking lot located in the Gyeongdo-si, Gyeongdo-si, Gyeongdo-si, Gyeongdo-si to the same coast-based intersection, which is set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Each police statement made to F or D;

1. Traffic accident reports, on-site photographs, and traffic accidents;

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