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(영문) 수원지방법원 여주지원 2014.09.01 2014고단434

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 30, 2004, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on July 30, 2004; on November 21, 2006, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; and on November 9, 2009, by the Incheon District Court on November 9, 2009, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (Dangerous Driving).

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

On May 1, 2014, at around 13:45, the Defendant driven the said car while under the influence of alcohol of 0.249% of blood alcohol level, and proceeded at about 60 km from the 1st of Freeboard to the 2nd of the village entrance at the Gyeonggi-gu, Gyeong-gun.

At this point, as a village road with a width of 7 meters without a central line, where a road is not installed, it is the very rapid fluorb section, so it is possible for a person engaged in driving a motor vehicle to look at whether there is a vehicle from the opposite direction while driving the motor vehicle, and have a duty of care to safely drive the motor vehicle while driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded to a road while under the influence of alcohol without properly examining the front door while it is difficult for the Defendant to drive the vehicle while driving on the road, and found the e new franchise XG car driven by the victim D(33 years old) who was driving from the 2nd side of the present two Ri, late behind and did not avoid it, and received the wheel part behind the left side of the said new franchise XG car and the wheel part prior to the left side of the flap vehicle operated by the Defendant.

Ultimately, the Defendant above.