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(영문) 대전지방법원 천안지원 2016.10.18 2016고단1035
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. The defendant is a person who is engaged in driving service of a car Albatoon in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On April 23, 2016, the Defendant was under the influence of alcohol with 0.153% of blood alcohol concentration on 19:15, while driving the said vehicle and driving it on the two-lane road of E in Asan City D along with the two-lane road in the front direction of E in Asan City, the Defendant changed the lane to the one-lane while driving it on the Asan City.

At that time, at the first line, the passenger car operated by FF (30 years of age) in the same direction as the Defendant was in progress. In such a case, the person engaged in driving of the motor vehicle was obliged to take a duty of care to prevent the accident in advance by safely changing the vehicle line after looking at the speed of the victim and the progress of the vehicle driving with the first line.

Nevertheless, the Defendant neglected this and caused a sudden change of the car line under the influence of alcohol by negligence, and caused the above victim’s vehicle to shock the back part of the passenger car operated by the said victim, which was operated by the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the said victim, such as salt, tensions, etc. of the horse that requires medical treatment for about three weeks, and at the same time, destroyed the said car owned by the victim to be damaged by approximately KRW 612,126 won for repairing expenses, and escaped without taking necessary measures, such as immediately stopping the said car and providing relief to the victim.

2. On April 23, 2016, the Defendant violated the Road Traffic Act ( sound driving) from the place near the Ansan-gu, Maspo-gu, Maspo-si to the Haspo-si, Maspo-si, Maspo-si, Maspo-si, Maspo-si, under the influence of alcohol by 0.153% of the blood alcohol concentration around 19:15, to the Haspo-si, Haspo-si. C.

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