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(영문) 대전지방법원 천안지원 2016.10.25 2016고단1328
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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 engaged in driving of DNA car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On April 29, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.182% with a blood alcohol concentration of 0.182% around 21:20, and led to a two-lane of the three-lane road in front of the Yananansan Museum located in the Yanannam-gu, west-gu, Yananannam-gu.

At the time of night, it is not clear that the front door is not clear, and even in the three lanes next to that of the defendant, there are vehicles in operation in the same direction as that of the defendant's driving. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by safely operating the front door, such as accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the operation of the hand-on vehicle due to a negligence in the operation of the vehicle by the Defendant, and the victim E (the age of 63) who entered the two lanes to the three-lanes, was driving the vehicle on the side of the driver's seat of the Frano-No-5 tons of the vehicle driving by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained salt and tensions in the light of the cirratum requiring treatment for about two weeks, and, at the same time, escaped without immediately stopping the damaged vehicle, without taking necessary measures, such as providing relief to the victim, even though the damaged vehicle was damaged to have approximately KRW 453,946.

2. On May 21, 2012, the Defendant has the record of receiving a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court’s Branch on May 21, 201, and on May 6, 2008, a fine of KRW 500,000 for the above crime.

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