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(영문) 수원지방법원 평택지원 2014.05.14 2014고단366
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 Class B and III cargo vehicles;

On November 20, 2013, the Defendant driven the above cargo while under the influence of alcohol 0.141% of alcohol level around 17:30 on November 20, 2013, and led to the bypassing of the road that is front of the chemical service distance at the time of euthanasia when it is safe.

However, since the location is a private-distance intersection, in such a case, the driver has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily stopping the vehicle, and to check the safety of the course by properly examining the right and the right before the right of the passage, and then to make a right-hand.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and makes it a right-hand without reducing speed.

The part above the left-hand side of the D Poter's D Poter's D Poter's freight is shocked by the front side of the D Poter's driver's freight, which was in the traffic signal atmosphere on the road beyond the central line.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about three weeks, and at the same time, escaped without immediately stopping the vehicle, which is the victim’s possession, to cause damage to KRW 5,612,801, and without taking measures, such as providing relief to the victim.

2. Around 17:10 on November 20, 2013, the Defendant driven the above-wing truck under the influence of alcohol of about 1.67 km from the front of the Geumsan cafeteria cafeteria located in 549-2 at the time of Ansan, to the front of the 17:30m of the same day, which is the place of accidents listed in the preceding port, up to the front of the 1.67m of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C and E.

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