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(영문) 수원지방법원 2016.07.13 2016고단2385
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 14, 2015, the Defendant received a summary order of KRW 5 million as a fine of KRW 5 million due to a violation of the Road Traffic Act by a person who violated the Road Traffic Act (driving without a license) at the source of a water source, and in the same court on the same day, as a fine of KRW 4 million due to a violation of the Road Traffic Act (driving without a license) at the same time.

Nevertheless, on March 18, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on March 18, 2016, driven a f-wing truck from the 4km section of approximately 4km to the front road of the “E Authorized Brokerage” located in the same Si/Gu, from a place in the address of Suwon-si (hereinafter referred to as the “E Authorized Brokerage”) where alcohol content is under the influence of alcohol by 0.122% during blood.

2. The Defendant is a person who is engaged in driving a F-wing truck in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents).

On March 18, 2016, the Defendant, as described in paragraph (1) around 18:07, was under the influence of alcohol, led to the rapid growth of G housing from the direction of the steering market to about 30km in the direction of G housing in the direction of the steering market.

At the same time, there is a place where the passage of a vehicle is frequent as the side road and the road of the house are the intersection. In such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle does not have a motor vehicle prior to the intersection by properly examining the front side and the left and right of the motor vehicle, and to prevent accidents such as safe driving according to the traffic condition.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and by negligence did not look at the front side of the passenger car of the victim H(Y, 35 years old), which was proceeding along the road of one lane on the left side from the right side of the Defendant’s running direction, received the back part of the passenger car of the Defendant’s truck.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of medical treatment to the victim H, and the Defendant’s salt and tension.

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