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(영문) 수원지방법원 안양지원 2016.11.24 2016고단716
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Chuncheon District Court’s territorial branch on April 3, 2007, and on August 12, 2011, the Seoul Southern District Court received a summary order of KRW 2 million as a fine for the same crime.

1. A person who has violated Article 44(1) of the Road Traffic Act twice or more as seen above and again violated the same paragraph, the Defendant driven a mixed vehicle with approximately 20 meters under the influence of alcohol 0.065% of the blood alcohol concentration on the front road located in the Gu C in Ansan-si around January 19:45, 2016.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) are the defendants engaged in driving motor vehicles E.

The Defendant, while under the influence of alcohol as stated in paragraph (1), driven the same mixed car with the foregoing mixed car, and led the front house specified in paragraph (1) to proceed from the side of the flying middle school to the composite playground.

At the time, there are nights, and there are crosssections at the front, so the driver of the motor vehicle had the duty of care to prevent the accident in advance by safely driving the motor vehicle by keeping the front door and the left and right well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F (F) who was driving at the right side of the GF (F, 45 years old) driving on the intersection of the front side of the Defendant’s moving ahead of the running direction from the left side by negligence while neglecting this, and received the part adjacent to the right side of the passenger car in front of the passenger car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately one week medical treatment, and at the same time, the Defendant escaped without taking necessary measures, such as destroying the repair cost to the extent of KRW 986,951, by exchanging the passenger car owned by the victim, and aiding the victim.

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