(영문) 의정부지방법원 고양지원 2015.02.13 2015고단51

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(영문) 의정부지방법원 고양지원 2015.02.13 2015고단51

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

The Defendant is a person who is engaged in driving Cub Cargo Trucks.

On December 19, 2014, at around 23:50, the Defendant driven the said truck while under the influence of alcohol with 0.106% of the blood alcohol concentration, and driven the two-lane road in the direction of the wind side of the bank village in order to drive the said truck at the speed of 0.106%.

At the time, the Defendant changed the lane from the two lanes to the one lane, and in such case, the driver shall not change the lane when there is a concern that the person engaged in driving is likely to obstruct the normal passage of other vehicles, and when he intends to change the lane, he has a duty of care to turn on the right direction, etc. and to change the lane safely.

Nevertheless, under the influence of alcohol, the Defendant neglected it and changed the lane from a two-lane to a one-lane as it is, by negligence, the victim E (the age of 41) who was driving along a one-lane, received the front part of the F Village bus driving on the left side of the said truck, following the front part of the F Village bus.

Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as causing injuries to the victim G (the 47 years old) of the bus passengers, such as salt pans and tensions, which require approximately 3 weeks of medical treatment, while destroying damaged vehicles to ensure that the amount of 2,311,879 won is KRW 2,311,879, and immediately stopping the said vehicles, thereby checking damage damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report, the traffic accident occurrence report, and the accident-related photograph;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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