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(영문) 부산지방법원 2017.02.21 2016고단7369
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who is engaged in driving a franchise-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes" and the violation of Road Traffic Act

On October 18, 2016, the Defendant driven the said car under the influence of alcohol content of 0.150% in blood at around 02:43, the Defendant driven the said car at the influence of alcohol content of 0.150% in Busan, and continued one lane in front of the 271 new East apartment as the scamba-dong, Busan, at the lower distance from the lower distance of the three-lane.

At the time of night, it was difficult to view the vehicle at night, and the place was a road with heavy traffic. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets on the way to reduce speed and to check the right and the right and the right of the motor vehicle well and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and did not stop in the red light, which is a vehicle stop signal, in a situation where normal driving is difficult due to influence of drinking, and proceeded as it is, due to negligence, without stopping in the red light, which is a vehicle stop signal, and followed by the victim D (V) who was in U-turn pursuant to the U.S. No. 1 in the opposite direction of the said vehicle, the Defendant left the right part of the motor vehicle left side of the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and at the same time, escaped without any necessary measures, such as immediately stopping the vehicle and providing relief to the damaged party, even though the Defendant damaged the said vehicle to have approximately KRW 5,80,848 of its repair cost.

2. Violation of the Road Traffic Act (drinking driving) by the Defendant is under the influence of alcohol with a 0.150% alcohol concentration among blood transfusions at the time specified in paragraph (1) prior to the public announcement of the same Monodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

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