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(영문) 의정부지방법원 2014.12.23 2014고단3229
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 of the final judgment.

Reasons

Punishment of the crime

On July 27, 2006, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 from the Jungwon District Court to the same crime on July 30, 2010.

On May 14, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, temporarily stopped a road of two lanes in front of the two-lane 920 U.S. in front of the two-lane e.g., Jinnam-Eup, Yongyang-do, in the direction of the Western graduate school, while driving a Crocketing taxi with the blood alcohol concentration of 0.066% under the influence of alcohol level around 16:40 on May 14, 201.

In such cases, the driver of a motor vehicle has a duty of care to drive the motor vehicle safely by accurately manipulating steering devices, brakes, transition devices, etc.

However, the Defendant neglected the above duty of care and operated the transformation device of the rocketing taxi to a backward, and was negligent in removing from the Bret pedal from the Bret to the front part of the victim D(S, 52 years old) driving, which was parked in the front part of the E Stwit-down car.

As above, the Defendant driven a motor vehicle under the influence of alcohol, and caused the victim to suffer from the climatic and savinal fluoral in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A written statement;

1. A written report from an employee of an employer;

1. A medical certificate;

1. A traffic accident investigation report, accident-related photographs, photo of a small-scale disease that the suspect has left on the math of the river, the amount of alcoholic content of the small-scale disease, photo of the suspect, the body weight of the suspect, and investigation report (commark calculation);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Criminal Act;

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