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(영문) 의정부지방법원 2019.03.08 2018고단5473
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Around 03:53 on October 11, 2018, the Defendant driven a C-wing truck with a blood alcohol content of about 17 km from the 17 km section to the Bayang-si apartment parking lot, Namyang-si, Namyang-si, the Defendant was under the influence of alcohol by 0.122%.

2. The defendant is a person engaged in driving the above wing and cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

As above, the Defendant, while under the influence of alcohol, was driving the above sealed truck and continued to proceed bypassing it from the port side of the "Songnam-Eup" to the "Songnam-Eup" from the port side of the port side at the port side of Jyang-ri, Nam-ri.

At the time, since it is an intersection where a signal is installed at night and at that time, the driver of a motor vehicle has a duty of care to check the safety of the course by properly examining the right and the right and the right before reducing speed and bypassing the speed, and to safely operate the steering and the operation of the steering system in a correct manner, to prevent the accident in advance.

Nevertheless, the Defendant failed to discover the E-si in the victim D (year 51) who was going to turn to the left at the right-hand turn on the opposite lane due to the negligence of the Defendant’s neglect and going to the right-hand turn, and received the back portion of the victim’s taxi as the front part of the Defendant’s driving freight.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt ties and tensions that require treatment for about two weeks, and at the same time, the Defendant destroyed the 614,478 won, such as the exchange of f14,478 won, and escaped without taking necessary measures, such as stopping the f14,478 won, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with D 1.

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