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(영문) 창원지방법원 2017.08.18 2016고단3669
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a car at C.

1. On July 13, 2016, the Defendant: (a) violated the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) violated the Road Traffic Act (i.e., an accident); and (c) driven the said vehicle at a parking lot in the same customary market where he/she is under the influence of alcohol concentration of 0.236% (b) during blood transfusion at around 18:20 on July 13, 2016.

At the time, the driver was at the time when the vehicle was parked and stopped, so there was a duty of care to prevent the accident by safely maintaining the state of the vehicle's stop by extinguishing the power to the driver and thoroughly operating the brake system in this case.

Nevertheless, under the influence of alcohol, the Defendant neglected the operation of the brakes and caused the said lane to be advanced by negligence and by negligence, and parked in the parking zone at the front line of the running direction of the said vehicle, the victim D(40 years old), who was parked in the parking zone at the front line of the driving direction of the said vehicle, was placed in front of the left side of the vehicle XG driving, and the remaining parts were followed by the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, got the victim F (the age of 37) who was on board the victim’s vehicle at approximately two weeks of care, to suffer from the victim F (the age of 11), the salt and tension of the string, which requires approximately two weeks of treatment to the victim G (the age of 11), and to the victim H (the age of 11), the victim’s salt and tensions that require approximately one week treatment, and at the same time, escaped without taking necessary measures at the time of the occurrence of a traffic accident, while causing the victim’s hump and tensions of the string that require approximately one week treatment to the victim H (the age of 9).

2. The defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving) is the influence of alcohol alcohol concentration of 0.236% (pulmonary measurement) on the same day as that of paragraph (1).

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