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(영문) 부산지방법원 2018.05.10 2018고단626

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant issued a summary order of KRW 1,50,000,000,000,000,000,000,000 won for the same crime at the Jung-gu District Court on September 14, 2015.

Facts of crime

1. The Defendant is a person engaging in driving a vehicle with CMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “CMW”).

On January 10, 2018, the Defendant driven the said U.S. passenger car with 0.082% alcohol concentration in the blood transfusion around 07:22%, while driving the said U.S. passenger car, and proceeding along the two-lanes of the road front of the 697 U.S. branch office of the Bank located in the city of Busan, Busan, along with the two-lanes of the two-lanes of the two-lanes from the intersection to the intersection of the crime in the middle of the seven-lane.

In this case, the driver had a duty of care to operate safely by accurately operating the steering and steering the steering gear while making a U-turn at a place where a U-turn is permitted, and taking into account the progress of other vehicles.

Nevertheless, Defendant D(63) driven by the victim D(63) who was under way along the one-lane intersection from the north side of the said U.S. passenger vehicle to the rear side of the said U.S. passenger vehicle due to the occupational negligence that the U.S. driver was under the influence of alcohol and the U.S. driver did not permit U.S. U.S. driver’s license.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as light dump, etc. in need of approximately three weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though the said rocketing car was damaged by the repair cost of KRW 2,950,759.

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