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(영문) 제주지방법원 2013.10.17 2012고합177
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the defendants are above two years.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving of a DNA lurged vehicle.

On March 1, 2012, the Defendant driven the above vehicle on March 20:15, and proceeded at a speed of about 60 km from the west High School to the home-pluging plane of about 3 lanes in front of the Taepo-dong, Seopo-si, Seopo-si.

At the time, it was difficult at night and time to walk, and therefore, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded along as it is, due to the negligence of the Defendant, received the part on the left side side of the Otop (the age of 47) driving by the victim B (the age of 47) who changed the vehicle from two lanes in the same direction to one lane.

Ultimately, the Defendant, by negligence in the above occupational negligence, caused the victim to suffer injury to brain-dead sugar, etc. which requires medical treatment for about three weeks, and at the same time, even though the above Oral Ba was damaged to an extent equivalent to repair costs, the Defendant stopped immediately and escaped without taking necessary measures, such as providing relief to the victim.

B. The Defendant violated the Road Traffic Act (driving a sound driving) at the time stated in the preceding paragraph, the Defendant driven the said Aburgn-turged car with approximately KRW 0.113% alcohol concentration at the 1km section from the Do in front of the permanent planting point in the Western Hong-dong at Seopo-si to the solar road in the same Dong-dong.

2. Defendant B was sentenced to a fine of KRW 2.5 million by the Jeju District Court on August 28, 2009 for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on July 4, 2011.

The defendant on December 2012

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