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(영문) 춘천지방법원 원주지원 2015.10.14 2015고단688
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On March 26, 2010, the Defendant has been sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Chuncheon District Court on March 26, 2010, and on March 21, 2012, the same court was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act.

1. On May 10, 2015, the Defendant driving a DNA cargo vehicle under the influence of alcohol by 0.219% with a blood alcohol concentration from the section of approximately 15k to the roads in front of the same city from the insular area (hereinafter referred to as the “insular area”) around 13:40 on May 10, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) are the defendants engaged in driving freight cars.

On May 10, 2015, the Defendant driven the above cargo while under the influence of alcohol 0.219% in blood alcohol concentration around 13:40 on May 10, 2015, and led to turn to the left at a speed of about 20km in speed from the discharge of the original medical center to the discharge of the original prison.

Since the location was a blind-distance intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the new code to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and went to the left due to the negligence of failing to turn to the left in contravention of the signal, and took part of the Fbeer or the front part of the car driven by the victim E (the 48 years old) who was driving at the seat of the prime medical center in the night site in accordance with normal signals.

Ultimately, the Defendant did not immediately stop and take necessary measures, such as providing relief to the victim, even though the Defendant suffered injury, such as salt ties and tensions, which require treatment for about two weeks by occupational negligence as above, and at the same time destroyed the said beer or car to be repaired by the amount equivalent to KRW 2,81,836.

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