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(영문) 창원지방법원 2016.08.09 2016고단1380

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person engaged in driving a BM5 vehicle.

1. On April 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (i.e., an accident) (ii., an act subsequent to an accident), driving the said vehicle under the influence of alcohol concentration of 0.189% in blood transfusions around 17:5 on April 17, 2016, led the said vehicle to proceed to the intersection of the private distance in front of the Eup/Myeon of the window in Changwon-si, Changwon-si, along three-lanes, from the boundary of the Eup/Myeon.

At the same time, there was a victim C(A, 56 years old) who was waiting for an intersection signal and was under a stop, and there was a driver of a motor vehicle. Therefore, the driver of a motor vehicle had a duty of care to prevent the accident by accurately manipulating the steering direction and the brake system and accurately operating the steering direction and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding as it was, and the victim's right-hand side after the victim's car was obstructed, and received more parts as fences before the left-hand side of the Defendant's car.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones that requires medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting 1,884,618 won, such as exchange of Lart pans, etc. after stopping the victim’s car, while destroying 1,884,618 won.

2. On April 17, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) while under the influence of alcohol content 0.189% during blood transfusion, while driving the said SM5 car and driving it on the back road in front of “F” located in the window E of Changwon-si, Changwon-si; (b) while driving it on the back road, the Defendant 1 ton of the H 1 ton cargo vehicle owned by the Victim G (hereinafter referred to as “F”) and moving the vehicle.

In such cases, as a driver of a motor vehicle, he/she will live well on the front side and the left side, and accurately manipulate the steering direction and brake system to prevent accidents.