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(영문) 춘천지방법원 원주지원 2015.10.28 2015고단814
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are the Defendant engaged in driving car car;

On June 12, 2015, the Defendant was driving the said car on June 12, 2015, 03:50, and proceeded at the speed below the speed of the city on the surface of the Osung Village which is a short-term road in the city of the Gangwon-si.

Since the location is a private-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance by accurately manipulating the steering direction and brakes when finding the signal-based vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal manner and was negligent in maintaining a safe distance while driving, and the part of the back part of the Ethp car driven by the victim D (V, 49 years old) was shocked with the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim F (V, 20 years old), who is a passenger of the said victim and the victim, due to brain salva, etc. requiring two-day medical treatment, and at the same time, did not immediately stop the said marina car to the extent of scrapping it, and did not take measures such as providing relief to the victim.

2. Violation of the Road Traffic Act (Refusal of measurement) was committed by the Defendant while driving a vehicle while under the influence of alcohol without blood alcohol level as stated in the above paragraph (1) and then was arrested of the citizen who searched the surrounding area after the escape. Upon receiving a 112 report, the Defendant was taken over to G District H in the original police station G District called out.

On June 12, 2015, the Defendant, at around 04:24, smelled from the Defendant’s entrance from the above earth area I located in Won-si.

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