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(영문) 서울남부지방법원 2016.04.21 2016고단514
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

1. On January 12, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim C (i.e., an escape vehicle) and the Road Traffic Act (i.e., an accident) with respect to the victim C, driving the said vehicle while under the influence of alcohol concentration in the blood alcohol concentration, and driving the said vehicle along the said vehicle at around the Gangseo-gu Seoul Metropolitan Government (i.e., a one-lane), along the direction of the fire shooting distance from the side of Kimpo Airport.

Since there is a road where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and safely drive the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding beyond the median line and was driven by the victim C (44 years old) who was normal straight in the opposite line, in front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as light fat, which requires a medical treatment for about three weeks, and at the same time, the Defendant, even after destroying the above 7.40,000 won which is the victim’s possession, did not immediately stop and run away without taking necessary measures, such as providing relief to the victim.

2. The Defendant: (a) committed a violation of the Road Traffic Act against the Victim F and the Victim G (Measures Taken Subsequent to Accidents) on the road in front of the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul Special Metropolitan City: (b) the part of the rear seat of the Victim F on the front side of the Defendant’s vehicle due to the said occupational negligence on the road in front of the Gangseo-gu, Gangseo-gu, Seoul; (c) thereby, the Victim G was driven by the victim G while the said vehicle was parked on the road.

Ultimately, the Defendant’s repair costs of Lone Star bus 3,574,82 won, which is the victim F, are 1,651,109 won.

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