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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단1109

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of Category C Guns;

On April 11, 2014, the Defendant driven the above taxi while under the influence of alcohol of 0.075% with blood alcohol concentration of 08:45%, and continued to drive the taxi in accordance with one lane between the two-lanes in the direction of the intersection in front of the Samyang-gu Kuyang-gu, Goyangyang-gu, Goyangyang-gu.

At the time, the passage of vehicles is large in the night and the intersection where the signal apparatus is installed was installed. In such a case, there was a duty of care to prevent traffic accidents in advance by driving a vehicle with the line and signal strictly, and by driving the vehicle in an early manner, while looking at the front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line without neglecting it, and passed the above intersection through the above intersection, and was negligent in driving the part above the left-hand part of the Defendant’s taxi in front of the left-hand turn-hand turn-hand turn-hand part of the victim D(W, 38 years old) driving, which was in front of the left-hand turn-hand part of the Defendant’s taxi.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D and the victim F (the 37-year old age), including salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, escaped without any necessary measures such as immediately stopping the said car and providing relief to the victim, even though it damages the 3,827,327 won of the said car.

2. On April 11, 2014, the Defendant is under the influence of alcohol with 0.075% of the blood alcohol concentration at approximately 12 kilometers from the front day of a restaurant for “equipment” located in the vicinity of the Congyang-gu Congyang-gu dialogue basin in Goyang-si, Seoyang-gu, Busan-si, to the intersection in front of the Congyang-gu, Seoyang-gu, the same day at around 08:45.