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(영문) 서울남부지방법원 2013.07.04 2012고단1965

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment 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

The defendant is a person who is engaged in driving of C-III cargo vehicles.

On February 27, 2012, the Defendant driven the above cargo while under the influence of 0.139% of blood alcohol concentration on 15:40 on February 27, 2012, and driven the above cargo vehicle along the two-lanes of the two-lanes in front of the 213-21 Man-do, Guro-gu, Seoul, Guro-gu, Seoul, toward the third-lane distance from the right side of the Gyeongnam-do, while driving the vehicle along the two-lanes, the Defendant discovered the victim D (W, 43 years old) who was driving on the front bank, and turned the vehicle ahead.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while maintaining a safe interval with the motor vehicle in which the vehicle is proceeding with a two-lane by completely changing the vehicle line into a one-lane as well as the traffic situation of the front and rear left.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the said vehicle at a speed of more than two-lanes without changing the two-lanes, and got the said vehicle to the front side of the said vehicle’s right side by negligence while driving the said vehicle. After stopping, the Defendant driven the said vehicle at a speed of about 260 meters without taking any defective measures to report to the police by the victim, driving the said vehicle on the two-lane road, driving the said vehicle at a speed of about 260 meters, driving the said vehicle to the right side of the said vehicle, and driving the said vehicle at a speed of about the victim F owned by the victim, who was parked on the right side of the said vehicle.

As above, the Defendant suffered injury to the victim D by occupational negligence during approximately two weeks of medical treatment, and at the same time, damages the above beer or even the shape of the car owned by the victim D to be in excess of KRW 702,327 of the repair cost. The Defendant damages the even number, etc. of the above A half-yearly car, which is the victim F, to be in excess of KRW 2,872,342 of the repair cost, and immediately stops.