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(영문) 부산지방법원 동부지원 2014.09.17 2014고단1072
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereafter referred to as the "Act on the Aggravated Punishment, etc.") and the Road Traffic Act (hereafter referred to as the "Act on the Aggravated Punishment, etc.")

On April 28, 2014, at around 02:26, the Defendant driven the said car with a blood alcohol concentration of 0.120% 0.120%, and led to the two-lanes of the road in front of the Busan Shipping Daegu Olympic Village, Busan Metropolitan City Highway, the two-lanes of the road in front of the Busan Metropolitan City Expressway, along the driving intersection.

At that time, since the DNA cargo vehicle driven by the victim C(the age of 44) was in operation at night and in the front direction, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as under the influence of alcohol by a person engaged in driving the motor vehicle, and accurately manipulating the steering direction and brake system by taking into account the traffic situation in the front direction.

그럼에도 피고인은 술에 취하여 이를 게을리한 채 전방을 제대로 잘 살피고 않고 그대로 진행하다가 같은 차로에서 앞서 가던 피해자 운전의 위 화물차를 뒤늦게 발견하고 이를 피하기 위하여 급제동하였으나 미처 피하지 못하고 위 화물차의 뒷부분을 피고인 운전 차량의 앞부분으로 들이받아 그 충격으로 위 화물차가 좌측으로 튕겨나가 도로의 중앙분리대를 충돌하고 이어 우측으로 튕겨나가 도로의 가드레일을 충돌하여 전도되게 하였다.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about eight weeks, and at the same time, the Defendant took necessary measures, such as destroying the above cargo vehicle and the guard car to the extent that the repair cost equivalent to KRW 16,795,00,00, such as a boom attachment, etc., and the repair cost equivalent to KRW 5,670,00,000, in the above guard day, respectively, and making a stop immediately, and providing relief to the victim.

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