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(영문) 부산지방법원 2016.06.30 2016고단394
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Power of crime] On August 12, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million for the same crime at the same court on October 26, 2009, respectively.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle C or other 3 driver cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles) and the Road Traffic Act (ii).

On November 17, 2015, the Defendant driven the said car under the influence of alcohol content of 0.111% in blood at around 22:40, and proceeded to the right side in order to park on the right side of the road while driving the two-lanes of two-lanes of the two-lanes in front of the opening point of the Busan Metropolitan City, Busan Metropolitan City, Seo-gu, Busan Metropolitan City, Busan Metropolitan City, to the opening point of the bank.

In this case, there was a duty of care to safely drive a person engaged in driving service by using a directioner and reducing speed, and by checking the front, rear, and left and right well.

Nevertheless, under the influence of alcohol, the Defendant neglected to use the direction device without using it, and negligently avoided the direction device of the Defendant’s direction at the right side of the Defendant, and went back without taking necessary measures, the front part of the victim D (27 tax) driving E 125CC, which was directed toward the Defendant’s direction at the right side of the Defendant’s car, as a part of the Defendant’s car, and suffered injury to the Defendant, such as a multiple sprinkl, which requires approximately two weeks of treatment, and at the same time, the Defendant destroyed the above Orababa in order to repair it and escape without taking necessary measures.

2. The Defendant, who violated the Road Traffic Act (drinking), driven the car above 3 cars while under the influence of alcohol content of about 0.11% from the 1.2 km section in the blood alcohol level to the above place from the Do in the vicinity of the apartment house located in the Busan Metropolitan City, Seoyang-dong, Busan Metropolitan City, Seoyang-do. to the above place.

In this respect, the defendant is prohibited from driving alcohol not less than twice.

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