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(영문) 창원지방법원 2017.11.21 2017고단3404
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[criminal history] On July 1, 2015, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on July 1, 2015, and on April 1, 2016, the Defendant received a summary order of KRW 1.5 million for the same crime at the same court.

[Criminal facts]

1. On September 4, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do Governor's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on Traffic of Roads (after an accident) changed the lane to a two-lane while driving a car at C in the shape of alcohol concentration of 0.096% from blood on September 4, 2017, and driving a car at C in the shape of the Dong-high speed, which is located along the northwest of Gwangju Northern-gu, by driving a car at C in the shape of the car, and driving a four-lane road at the speed of 45km from the edge of the car at the speed of the city along three-lane.

In this case, the driver of a motor vehicle has a duty of care to check the safety of the course and change the lane by using the direction in advance and by taking into account the left and right situation well.

Nevertheless, the Defendant neglected this and caused the change of the lane to a two-lane without operating the direction, etc., and caused the Defendant’s negligence to go on the left side of the Defendant’s driving vehicle and the two-lanes of the victim D(55 years old) driving in the same direction.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks, and, at the same time, did not immediately stop the said taxi to the extent of 453,768 won, even though the repair cost, such as pentum plates, was damaged, and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) is in the same City/Do salary class 186 from September 4, 2017 in front of the CU convenience store located under the Northbuk-gu, Gwangju, Gwangju, despite the fact that he/she had been punished twice due to drinking, as stated in the record of the above crime.

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