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(영문) 전주지방법원 군산지원 2016.12.09 2016고단818

특정범죄가중처벌등에관한법률위반(도주치상)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 of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle of the franchiseer in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

At around 10:10 on July 15, 2016, the Defendant driving the said car under the influence of alcohol concentration of 0.224% without a driver’s license, and made it left left to the left from the direction of the new apartment to the long distance between South and North Korea.

Since the location is a point where traffic is controlled by signal apparatus, there was a duty of care to prevent accidents by accurately controlling the operation and steering gear according to the new direction for a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant, without a driver's license, neglected the alcohol and neglected to follow the signals in both direction straight lines and left turn by negligence, was driven by the victim D(48 years old) driving in accordance with the new code in the direction of the car driving by the Defendant at the time of the driver's license.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim, such as a scarke wall, which requires treatment for about two weeks, and, at the same time, escaped without immediately stopping a car with approximately KRW 4,586,00, such as the exchange of a front-time driver, and without taking necessary measures, such as providing relief to the victim.

2. Ssamchoba in the same movement from the Do in front of the mouth in the Military, Sinsan-si Transport Dong around 10:10 on July 15, 2016 to the defendant of the violation of the Road Traffic Act and the Road Traffic Act (driving without a license).

In the same city of transportation along the main point, Cran-car is under the influence of alcohol concentration of about 0.224% without driver's license in the range of about 3 km away from South and North Korea in the same city of transportation.