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(영문) 수원지방법원 안산지원 2014.04.10 2014고단401
특정범죄가중처벌등에관한법률위반(도주차량)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

1. Around December 21, 2013, the Defendant violated the Road Traffic Act (driving) driving a B ready-light vehicle at a section of approximately 200 meters from the Do in front of the luxe Mansan-dong Mansan-dong, in a state of alcohol of 0.171%, while under the influence of alcohol on December 3, 2013.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) was driving the said ready-light vehicle at the time set forth in paragraph 1, leading up to the road in front of the lux hotel name in the luxon lux

In this case, there was a duty of care to check the safety of the course and to check the future for those engaged in driving business.

Nevertheless, the Defendant neglected this and was negligent in driving the Defendant’s vehicle under the influence of alcohol as described in paragraph (1) and was under the influence of driving the victim C (Nam, 47 years old) who was standing in the rear part of the Defendant’s vehicle.

Ultimately, even though the Defendant suffered from an injury to the victim C, such as salt, tension, etc. in need of two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

3. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) followed the two-lanes in the direction of the distance from the boundary of the police station to the flow of the steel mountain path, where approximately 200 meters of the said ready-light car was driven by a driver of the said ready-light car, and a approximately 200 meters passed away.

At the time, a signal is installed at night and at all times, so in such cases, the defendant engaged in driving service has a duty of care to reduce the speed and to keep the other vehicles' attitudes in the signal lights and the front door, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and is under the influence of alcohol as described in paragraph (1).

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