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(영문) 수원지방법원 여주지원 2012.10.26 2012고단701
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. A person who is engaged in driving a motor vehicle B by violating the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a violation of the Road Traffic Act;

On June 28, 2012, the Defendant driven the said car under the influence of alcohol of 0.187% with a blood alcohol concentration of 0.187% on June 28, 2012, and driven the two-lane road in front of the Obagle Sacheon-si, Seoul Metropolitan City along the direction of the head of the Hocheon-do.

At the time, at night, and at the front of the place, the car was driven by the victim C(E, 28 years old).

In this case, there was a duty of care to prevent accidents in advance by securing the distance from the front vehicle sufficiently and safely driving by reducing speed and keeping the front door well for those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant failed to discover a passenger car driven by the above victim C while neglecting it, and proceeds as it is, due to negligence, the Defendant got off the part of the driver car in front of the above vehicle operated by the above C with the front part of the vehicle operated by the above C.

Ultimately, the Defendant, by negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, sustained injury to the victim C by brain-dead sugar, scambing, and scam base without any blood transfusions for about 14 days, while driving a motor vehicle. At the same time, even though the Defendant damaged the above mountain scam to have an amount equivalent to KRW 473,894 for repair costs, such as exchange of scambling, and failed to take necessary measures as a driver, such as providing rescue to the victim.

2. The Defendant against the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is under the influence of alcohol content of 0.187% on the date and time set forth in the above paragraph (1).

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