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(영문) 대전지방법원 홍성지원 2015.11.11 2015고단207
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

1. A person who is engaged in driving of C Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On December 10, 2014, the Defendant driven the above vehicle while under the influence of alcohol 0.115% in blood alcohol concentration around 20:50 on December 10, 2014, and led to a two-lane between the two-lanes from the boundary of the main intersection and the area of the main intersection, the distance of the main intersection in the Chungcheongnam-nam Budget-In Seoul Metropolitan City was Asando.

At the time, since the vehicle was stopped by the stop signal at night and on the front side, in case where the vehicle in front of that vehicle located in the same direction as the vehicle in front of that vehicle stops, the vehicle in front of that vehicle has a duty of care to prevent the occurrence of the accident by accurately manipulating the steering direction and the brake system with the vehicle in front of that vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, found the victim D(32 years of age), who was under a stop at the front of the road due to the negligence of neglecting it, and found the victim D(32 years of age), late later, and changed the lanes into two lanes.

The defendant received the rear part of the right side of the car driven by the victim with the left side of the freight driven by the defendant.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D, such as salt, tensions, etc. of the bones of a verted passenger vehicle, and suffered injury on the victim F (the 26-year old-old passenger vehicle) who was on the part of the victim F (the 26-year-old passenger vehicle) that requires approximately two-day medical treatment, and at the same time, did not take necessary measures to rescue victims by immediately stopping the vehicle from the victim D with approximately KRW 2,186,844, such as painting, which is damaged to the degree of KRW 2,186,844.

2. On December 10, 2014, the Defendant violates the Road Traffic Act (driving) from the roads front of H located in Chungcheongnam-nam Budget G around 20:50 on December 10, 2014 to I.

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