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(영문) 창원지방법원 진주지원 2016.07.20 2016고단492
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a sports cargo vehicle even though he/she does not have any duty to drive the sports cargo vehicle.

On March 14, 2016, the Defendant driven the above cargo while under the influence of alcohol with 0.166% a blood alcohol level of 18:40%, and proceeded along three lanes with a private distance intersection near D located in Jinju City C, while driving the said cargo at the speed of 0.16%, the Defendant proceeded bypassing from the front apartment room to the south River bank of the Southern River.

Since there is a crosswalk, such as pedestrian signal, immediately after the right-handion, a person engaged in driving service has the duty to temporarily stop when a pedestrian crosses the crosswalk and prevent the accident from occurring.

Nevertheless, the defendant neglected to go on the right side of the defendant's moving-way prior to the sobrith of alcohol, and neglected to go on the right side of the defendant's moving-way along the pedestrian signal from the right side of his moving-way to the left side of the above cargo vehicle, and continued to proceed with the above part of the victim E (the age of 21)'s moving-way to the front side of the above cargo vehicle.

Ultimately, even though the Defendant by occupational negligence inflicted injury on the victim E, such as non-alleys, which requires approximately three weeks of medical treatment, and suffered injury to the victim F, the Defendant immediately stopped and escaped without taking measures, such as aiding the victims, even though he/she sustained from the victim F about three weeks of medical treatment.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before and after the Defendant driving of the said cargo at a time, time, and place as described in the preceding paragraph, and immediately after the Defendant driving of the said cargo in a state where it is difficult to drive the vehicle under normal conditions, such as the distance between 0.166% alcohol concentration in blood and 0.166% in blood, as described in the preceding paragraph, and the distance between e and F.

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