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(영문) 대전지방법원 2014.03.27 2013고단2268
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving a rocketing car;

On May 12, 2013, the Defendant driven the said vehicle under the influence of alcohol of 0.121% without obtaining a driver’s license on May 12, 2013, while driving it, and driving the said vehicle at a level of 0.121% of alcohol level, and driving the instant vehicle in front of the beeral road in Daejeon Seo-gu, Daejeon, Daejeon along the one-lane between the 4th west and the 4rd west.

In such cases, the driver has a duty of care to prevent accidents by complying with the speed and speed limit and operating the steering gear and brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(the age of 36) who was in the atmosphere of the signal at the front bank by negligence while neglecting this, and received the back part of the E Lat car as the front part of the car driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and, at the same time, the repair cost, such as the exchange of back panions, destroyed the victim’s car to the extent that the repair cost exceeds KRW 610,716, and escaped without taking necessary measures, such as stopping and providing relief to the victim.

2. Around 08:46 on May 12, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driven C rocketing car under the influence of alcohol of about 0.121% without obtaining a driver’s license at the section of about 2km from the front day of the Orl, Seomun-dong, Daejeon Tae-gu, Daejeon to the end of the 61-15-ri-dong of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition of traffic accidents (1), and (2);

1. A report on the statement of the executive status of an employee;

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