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(영문) 대전지방법원 서산지원 2015.04.29 2014고단1212

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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. A person who is engaged in driving a motor vehicle by obtaining a franchise from the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On October 31, 2014, the Defendant driven the said vehicle while under the influence of alcohol at 0.216% of blood alcohol level around 21:00, while driving the said vehicle, and driving the same lane in front of the Han Jini-Eup, Yari-Eup, Yari-si, in the middle of the Han Jini-ri-ri City, into the intersection of the Jini-ri-ri Intersection, and entered the said intersection bypassing it to the four-lane road near the said intersection.

At the time, since it is night and there are frequent traffic, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by operating the steering system and the brake system thoroughly by temporarily stopping before entering the intersection or reducing the speed, etc., and operating the steering system and the brake system accurately.

Nevertheless, the defendant neglected his duty to see the right and the right and the right and the right and the right and the right and the right and the motor vehicle of the victim D (25 years old) who is driving a two-lane road on the left side of the moving direction due to the negligence of the victim D (25 years old) who is driving a motor vehicle on the right and left side of the two-lane road in the driving direction, and avoided it as a motor vehicle, caused the above Aburt-Wing motor vehicle to go beyond the opposite lane by the center line. Further, the above part of the victim FF (30 years old), which was driving a three-lane road, in the middle of the three-lane road, was set up by the front right-hand part of the G SP motor vehicle of the victim F (30 years old), and received the back part of the motor vehicle.

As a result, the Defendant suffered from the victims by such occupational negligence for approximately two weeks of injury, such as fluoral salt, etc., and at the same time, the above sprink car is to the extent that the repair cost of KRW 1,401,664 is equivalent to the repair cost.