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(영문) 수원지방법원 성남지원 2016.09.01 2016고단1651

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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. Around 00:20 on April 17, 2016, the Defendant driven BM5 car while under the influence of alcohol of about 0.141% from the section of approximately 1.5km to the front road of the Bank located in the middle of the Seocho-si in Gwangju, Gwangju, at around 00:40 on the same day, from the front of a mutually influent restaurant located in the Seoul Special Metropolitan City, Gwangju Special Metropolitan City, to the 00:40 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving a BM5 vehicle;

around 00:40 on April 17, 2016, the Defendant driven the said car under the influence of alcohol, as described in Paragraph 1, and continued to drive the road front of the Korean bank located in 1083 at the Seocho-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) with the front side of the Seocho-gu Special Metropolitan City (Seoul Special Metropolitan City).

At that time, the Defendant, prior to the same direction, was followed by Datland D's 47 years old driving by the victim C (the victim C). As such, the Defendant had a duty of care to make sure that a person engaged in driving of a motor vehicle is well aware of the situation, to secure and proceed with safety distance, and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and failed to perform his duty at the front of the passenger vehicle due to negligence, and received the part behind the right part of the passenger vehicle operated by the victim with the front part of the passenger vehicle driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as climatic salt, etc. requiring approximately two weeks of medical treatment on the part of the victim E (the 52-year-old age), suffered injury on the part of the victim E (the 52-year-old age), such as climatic salt, tensions, etc. requiring medical treatment for about two weeks, suffered injury on the part of the victim F (the 52-year-old age-old), suffered injury on the climatic salt, etc. requiring approximately three weeks of medical treatment on the part of the victim G (the 56-year-old age-old age-old).