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(영문) 대전지방법원 2013.04.18 2012고합750
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 26, 2009, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Daejeon District Court on May 26, 2009, and a summary order of four million won by a fine at the Daejeon District Court on July 17, 2009.

1. On November 7, 2012, the Defendant: (a) driven a vehicle with blood alcohol content of 0.178% without obtaining a driver’s license on November 7, 2012; (b) driven a vehicle with a blood alcohol content of 0.178%, and proceeded along a two-lane road in front of the Jeju East-gu, Daejeon along one lane from the four-lane distance to the health zone. While driving a two-lane road in front of the Jeju East-gu, Daejeon, the Defendant found that the victim D (39 years of age) who gets from a taxi parked on the right side is on the roadway.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to reduce speed and to keep the victim from the accident by sending the signal with a horn, etc.

Nevertheless, the Defendant neglected to do so and led to the fault of the Defendant’s driver’s vehicle to the right side of the Defendant’s driver’s vehicle, and the left side of the victim D(39 years of age) was shocked.

The Defendant, by negligence in the course of performing such duties, sustained injury to salt, tension, etc. in need of treatment for about two weeks, but failed to immediately stop and take measures such as providing relief to the victim.

2. On November 7, 2012, the Defendant: (a) even after having caused an accident, even after continuously driving the said vehicle under the influence of alcohol without obtaining a driver’s license, and continuously driving the said vehicle on the right side of the Defendant’s driver’s vehicle at the Neuridong-gu, Daejeon Metropolitan City, one-lane road in front of the Curgian East-gu, Daejeon Metropolitan City, where the victim E (23) and F (23) walked on the right side of the vehicle.

In such a case, vehicle driving is engaged.

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