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(영문) 창원지방법원 통영지원 2015.12.11 2015고단978
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 11, 2002, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court, and on November 19, 2003, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On November 12, 2008, the same court issued a summary order of three million won for a fine of three million won as a crime of violation of the Road Traffic Act, and the same court issued a summary order of three million won for the same crime, respectively.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a motor vehicle of the franchiseer under the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On August 8, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.179% with a blood alcohol level around 22:30 on August 22:30, 2015, and continued the front of the terminal of the high-speed passenger ship at the same time with the front of the road at the same time from the flat-dong bank to the high-speed bank.

Before the same direction, since the victim D (n, 33 years old) followed a passenger car driven by the victim D, the driver was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle and received the back portion of the victim D's D's E-driving which was driven by the Defendant as the front part of the vehicle driven by the Defendant, and received the back portion of the victim F's GM5 vehicle in front of the vehicle driven by the Defendant while being sealed in the future.

The Defendant’s occupational negligence inflicted injury on the victim D, such as salt, tensions, etc., in need of approximately two weeks of medical treatment on the part of the victim D, and suffered injury to the same passenger H (V, 3 years of age) for a tension that requires a two-day medical treatment on the part of the same passenger, and at the same time suffered physical damage, such as damage to the back of the damaged vehicle.

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