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(영문) 의정부지방법원 고양지원 2013.09.25 2013고단762
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On February 25, 2011, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Goyang Branch of the District Court, and completed the execution of the sentence in the medical prison on October 10, 201.

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On March 25, 2013, at around 22:50, the Defendant driven the above cargo vehicle while under the influence of alcohol of 0.137% without a driver’s license, and led the Defendant to proceed along the four-lanes of the fourth line of the 4-lane in the direction of the solar short distance from the area of the dialogue, the direction of the parallel 384-1 in the ancient city.

At this point, there is an intersection where signal lights are installed and a crosswalk is installed on the front side, so in such a case, there was a duty of care to safely proceed by checking whether a person engaged in driving the motor vehicle complies with the signal and is a person driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim D (the age of 26) who was crossing the road in accordance with the pedestrian signals in the front bank due to the negligence of the defendant's neglect and the negligence of the violation of the signal.

Ultimately, even though the Defendant suffered from an injury, such as an internal surgery, etc., for about six weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. The actual condition survey report;

1. A traffic accident report;

1. Photographs;

1. A report on detection of a host driver and a circumstantial statement;

1. The driver's license ledger;

1. A medical certificate;

1. Criminal records;

1. Application of Acts and subordinate statutes to an investigation report (verification of the expiry date);

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

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