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(영문) 전주지방법원 2016.10.11 2016고단870

특정범죄가중처벌등에관한법률위반(도주차량)등

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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Justice] On October 16, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Jeonju District Court on September 8, 2015, and completed the execution of the sentence in the Jeonju Prison on September 8, 2015.

【Criminal Facts】

1. The Defendant is a person engaging in driving a motor vehicle in the PM5-car under the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 19, 2016, the Defendant driven the said vehicle while under the influence of alcohol of 0.186% of blood alcohol level 0.15%, and driven the said vehicle at a two-lane road in Ebrate D located in Ysan-gu in Jeonju-si, Jeonju-si.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and have a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good living of the traffic situation and accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant got a part of the victim F (38 years of age)'s right side which was walking along the side from the opposite side due to the occupational negligence that he neglected the duty of the front side while driving, and caused the victim to lose his mind by going beyond the right side of the said car.

Ultimately, the Defendant, by negligence in the above occupational negligence, immediately stopped the victim and escaped without taking measures such as aiding and abetting the victim, even though he suffered bodily injury, such as elbows, in need of treatment for about two weeks.

2. On the same date as paragraph (1) of this Article, the Defendant violates the Road Traffic Act (driving) at a section of about 1km from the 1km section to the front road of the mountain parks located in the same Jungdong as that of paragraph (1), via the same place as Paragraph (1) in front of the trade name in the vicinity of the main hospital located in the Seosan-gu, Seoul Metropolitan City.