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(영문) 춘천지방법원 원주지원 2017.02.07 2016고단1130
특정범죄가중처벌등에관한법률위반(도주치상)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

1. On July 6, 2016, the Defendant: (a) driven a FNA driver’s vehicle under the influence of alcohol content of about 0.178% in the blood alcohol content at the section of about 2 km up to the comprehensive sports distance in front of another building at the beginning of the prime city level, around 01:20 on July 6, 2016.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and violation of Road Traffic Act;

A. On July 6, 2016, the Defendant of the first accident that occurred around 01:20: (a) drive a vehicle as stated in paragraph (1) around July 6, 2016 as his/her duty and became to turn to the left at the port of the bus terminal located in G in the original city of the Republic of Korea, by driving the vehicle at around 01:20 on July 6, 2016.

At the time, since it is an intersection that is night and has not installed a signal, there was a duty of care to reduce the speed and to ensure the safe driving of the vehicle driver.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of driving by negligence on the opposite lane of the vehicle driven by the Defendant, and was under the influence of the victim I (44 ) driving prior to the left-hand part of the vehicle of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, even though the repair cost of KRW 493,678 was damaged by the said rocketing vehicle, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

B. On July 6, 2016, the second accident occurred around 01:25 on the same day, the Defendant continued to drive the said NNS vehicle at around 01:25 on the same day, and continued to drive a three-lane road near theless distance in the original city level, along one-lane from the right edge of the wharf to the general playground distance.

At that time, the defendant has been driving the Victim K(60) ahead of the same direction.

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