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(영문) 부산지방법원 2016.11.10 2016고단4501
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and violation of the Road Traffic Act (Non-accident after Accidents) are drivers of Churd-purd vehicles

On July 6, 2016, at around 04:55, the Defendant driven the said car while under the influence of alcohol of 0.109% without a driver’s license, and led to the running of the said car in one-lane between two-lanes in the direction of the Home Pluter in the direction of the Home Pluter, as the Busan Slush-gu Dac, to a forest.

There was a duty of care to prevent a person engaged in driving of a motor vehicle from driving under the influence of alcohol without a driver's license.

Nevertheless, the Defendant, without a driver's license, parked in the opposite direction of the victim D(64) driving E in the course of driving a vehicle while under the influence of alcohol without a driver's license, with the front part of the Defendant's left-hand side of the passenger vehicle, destroyed by a approximately KRW 5,318,374 of the repair cost. At the same time, the victim D suffered an injury, such as the left-hand skes in need of treatment for about six weeks, and the victim F(58 years old), who is the passenger of the damaged vehicle, suffered an injury, such as a chest aggregate that requires an treatment for about six weeks, but failed to stop immediately and escape without taking necessary measures.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Unlicensed Driving) were driven by the Defendant on a temporary border from the Do near Busan, Busan, to the road near Busan, which goes through the 225 Home Stacker, in the direction of Busan, and the 0.109% of the blood alcohol concentration without a vehicle driver’s license, to the road near Busan, Seo-gu, Dag-dong, Dag-dong, Busan, which is under influence of alcohol concentration of 0.109%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and each investigation report (record 11 pages, 30 pages);

1. A report on the actual state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Criminal facts;

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