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(영문) 전주지방법원 군산지원 2014.04.23 2014고단164
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 of Category C cargo vehicles.

On December 23, 2013, at around 18:20, the Defendant driven the above cargo vehicle while under the influence of alcohol of about 0.129%, without obtaining a driver's license from a section of about 500 meters in front of the peldrid station located in the Madrid Station located in the following city, and led to driving the above cargo vehicle in the state of under the influence of alcohol of about 0.129%, and driving it along the two-lanes in front of the said peldrid station.

Since the location has a signal apparatus installed, the driver had a duty of care to look at the stopping of the vehicle prior to the operation of the driver and prevent the accident in advance by safely driving the vehicle in accordance with the new code.

Nevertheless, the Defendant failed to discover a vehicle under the influence of alcohol and failed to stop in front of the vehicle under the influence of alcohol and led the victim D (the age of 64) to take the back part of the E-A-A-motor vehicle under the influence of the driver, which was driven by the victim D (the age of 64), with the front part of the above cargo vehicle, and the victim F (the age of 49) who was under the influence of the vehicle under the influence of the vehicle under the influence of alcohol was driven by the vehicle under the influence of the driver.

Ultimately, the Defendant, through the occupational negligence above, sustained injury to the victim D, such as salt ties and tensions that require approximately 10 days of treatment. At the same time, the Defendant destroyed the Plaintiff’s automobile repair cost as the market price is anticipated, thereby destroying the Plaintiff’s automobile repair cost, and even if it damages the amount equivalent to KRW 1,448,300, it did not immediately stop and escape without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement made to D or H by the police;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A motor vehicle driver's license ledger, a medical certificate, and

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