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(영문) 전주지방법원 정읍지원 2015.04.14 2014고단660
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

On May 20, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court's regular branch court's support on May 20, 201, and on June 1, 2011, the above summary order became final and conclusive around that time.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (non-accidentd measures) are those engaged in driving motor vehicles of the franchiseer;

On November 10, 2014, while under the influence of alcohol at 0.081% of blood alcohol level, the Defendant driven the intersection in front of the E-cafeteria located in Do, Jeonbuk-gun, Jeonbuk-gun, along one-lane, from the 000 mar to the 00 mar from the 000 mar.

There are three-distance crossings, and the passenger cars, which the victim F (the age of 44) drive on the right side of the defendant's proceeding, have already been entering the intersection and are going to turn to the left. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed for the driver of the motor vehicle and to properly examine the front and rear left, and to prevent the accident in advance by yield the course to the vehicle that entered the intersection.

Nevertheless, the Defendant’s negligence, while under the influence of alcohol, led to the collision between the two parts of the driver’s seat and the chief door of the above-hand vehicle, which had already been entering the intersection, and is going to the front part of the Defendant’s driver’s car.

Ultimately, the Defendant did not stop immediately and stop to the extent that the Defendant suffered injury to the victim F (the 44 years old) and the victim H (the 54 years old), who was on board the said low-priced car due to the above occupational negligence, for about two weeks of medical treatment, and at the same time, caused the said high-priced car to bear repair costs equivalent to 4,347,484 won.

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