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(영문) 의정부지방법원 고양지원 2017.04.28 2017고단562
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the operation of the C Costa Vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.)

On December 29, 2012, the Defendant driven the above vehicle around 22:32 on December 29, 2012, and led the Defendant to make a bypass to the direction of the same apartment in the direction of the carbon level at the front of the entrance of the Seo-gu, Seo-gu, Seoyang-gu, Busan Metropolitan City.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear.

Nevertheless, while under the influence of alcohol, the Defendant was under the influence of alcohol on the left side of the Defendant’s drive D(31) of the victim D(S) in waiting for a signal going beyond the center line by neglecting the right and the left side of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment, and at the same time, destroyed the victim’s vehicle to have approximately KRW 1,455,00 of repair cost, and escaped without immediately stopping the vehicle and taking necessary measures.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven C Costa Ka Star Vehicle without a driver’s license at the same time and place as paragraph (1).

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant, like Paragraph 1, operated C Costa Kaki Vehicle which was not covered by mandatory insurance.

4. On December 29, 2012, the Defendant is under the influence of alcohol, such as a violation of the Road Traffic Act (Refusal of measurement of drinking), within the G District of the Hansan Police Station located in the Seosan-gu, Seosan-gu, U.S. at the Goyang-si around 23:46 on December 29, 2012, and the Defendant caused an accident, such as paragraph (1), and a large amount of smells.

As there are reasonable grounds to recognize, it is a slope belonging to the said G District.

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