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(영문) 춘천지방법원 2016.08.17 2010고단609
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who is engaged in driving a C observer car (hereinafter “accidentd vehicle”) in violation of the Road Traffic Act (drinking driving), violation of the Road Traffic Act (dacting driving without a license), violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and violation of the Road Traffic Act.

On January 30, 2010, the Defendant driven an accident vehicle under the influence of alcohol of 0.96% in blood without obtaining a driver’s license on January 30, 2010, while driving the vehicle under the influence of alcohol of 0.96% in the blood, and proceeded at the intersection of the wirst distance in the Switzerland-si, Chuncheon-si, at the speed of about 70km from the parallel of three lanes to the Office of Education at the speed of about 3 lanes.

Since the location is an intersection with a signal apparatus, there was a duty of care for a person engaged in driving of a motor vehicle to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and received, as a part of the vehicle in front of the accident, the driver’s seat in front of the driver’s seat in the gallon of the victim D (V, 25 years old) driving, who was on the right side to the elementary school for common knowledge at the right side by negligence in contravention of the signal under the influence of drinking and without a license, and was in front of the accident.

Ultimately, the Defendant inflicted injury on the victim D, who is the driver of the damaged vehicle, due to the above occupational negligence, on the part of the victim F (the remaining and age 28) who was accompanied by approximately two weeks of medical treatment, and on the part of the victim F (the age 28) who was accompanied by the need to receive approximately two weeks of medical treatment, and at the same time, damaged the front part of the damaged vehicle, which is the victim G, to the extent that the repair cost is KRW 1,798,600.

2. On January 30, 2010, the Defendant: (a) at the office of the H District Police Station in the Chuncheon Police Station around 06:56 on January 30, 2010; (b) was measured by the police officer I of the above police station on drinking in relation to the traffic accidents as referred to in the preceding paragraph; and (c) was under investigation; (d) was likely to be punished by his/her birth; and (c) was the above J.

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