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(영문) 창원지방법원 통영지원 2013.11.06 2013고단609

특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a shower car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On July 14, 2013, at around 14:45, the Defendant driven the said car under the influence of alcohol content of 0.084%, and driven the road side in front of the Dondo terminal located in the Dondo-dong in the Donpo-dong at the macro-si, the Defendant driven the said car into the Donpo-chill.

Since there is a private distance intersection where traffic control is not performed, the person engaged in driving service has a duty of care to safely pass through the intersection after checking whether there is a vehicle entering the intersection after temporarily stopping the intersection before entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop in front of the intersection and operated without temporarily stop in front of the intersection and by negligence, driven by the victim D (the age of 26) who was proceeding the above intersection into a singing off on the shore from the shore to the singing off on the shore, and received the front wheels of the e-motor vehicle left ahead of the mamasaw.

The Defendant, by its occupational negligence, caused the victim D to suffer from the climatic salt climatics, etc. in need of two weeks’ medical treatment, and the victim F (hereinafter referred to as 26 years of age) who was on the climatics, etc., which require three-day medical treatment, and the victim G (hereinafter referred to as 26 years of age) who was on the back seat was on the climatics, etc. to suffer from the climatic salt climatics and tensions requiring two-day medical treatment. At the same time, the Defendant escaped without any measures such as providing relief to the victim, even though the said climatics were damaged by the repair cost of KRW 4,50,729.

2. On July 14, 2013, the Defendant violated the Road Traffic Act ( sound driving) in front of a vegetable brubed fedbed in a mountain village where the fluence of blood alcohol was 0.084% under the influence of alcohol around 14:45.