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(영문) 전주지방법원 정읍지원 2015.07.21 2015고단238
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving a B car;

On May 4, 2015, the Defendant driven the above vehicle under the influence of alcohol of 0.154% in blood alcohol concentration at around 20:40, and proceeded to the intersection of the private distance of the post office located in the Eastan Eup located in the east-gun, Eup, Myeonnan-gun, North Korea, with the speed of making it impossible to identify the speed of time from the red and on the surface of the embankment to the military timber-proof area.

At the time, at night and where the signal, etc. is not installed, traffic of ordinary vehicles was frequent through a private-distance intersection. As such, a person engaged in driving a motor vehicle has a duty of care to prevent accidents, such as entering the intersection and operating the steering and operating the steering system accurately, after checking whether there is a vehicle that first entered the intersection by checking the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was unable to check whether there was a vehicle that entered the intersection first, and instead, due to the negligence of the Defendant’s failure to check whether there was a vehicle that entered the intersection, and was left directly from the boundary of the office of the Eup/Myeon, the entire part of the D SP car driven by the victim C (W, 42 years old) was driven by the Defendant on the right side of the car driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as knee part knee, knee, tension, etc., which requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as making a stop immediately after destroying the said sprink car to the extent that the repair cost of KRW 1,500,871, such as the exchange of the spacker, etc., was damaged.

2. The Defendant violates the Road Traffic Act (driving) at the time and place specified in paragraph (1). The Defendant is under the influence of alcohol with a blood alcohol concentration of 0.154%.

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