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(영문) 부산지방법원 동부지원 2016.04.27 2016고단176
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2007, the Defendant violated the Road Traffic Act (drinking) has the record of being punished two times or more as a crime of violation of the Road Traffic Act (drinking) by receiving a summary order of 1.5 million won or more as a crime of violation of the Road Traffic Act (drinking) from the Busan District Court's branch court, and on January 21, 2010, a fine of 2.5 million won or more as a crime of violation of the Road Traffic Act (drinking) from the same court

Nevertheless, on December 19, 2015, at around 07:10, the Defendant driven a B-to-pur motor vehicle with approximately 5km alcohol content 0.165% under the influence of alcohol on the 5km section from the front of the cafeteria for large-scale Swind Swind Swind Cor to the front road located in the Yan-gu, Busan.

2. Defendant 1, while under the influence of alcohol, was driving a hurfed vehicle at the same time, and the two lanes in front of the “D cafeteria” located in Suwon-gu, Busan, according to the direction of “49 square” from the “D lurbing beach” to the “hurbing beach in the light” side of “49 square.”

Since a bicycle lane is installed on the right side of the place, there was a duty of care to protect the driver of the motor vehicle well and to prevent accidents in advance by accurately manipulating the steering gear and brakes.

그럼에도 피고인은 이를 게을리 한 채 자전거도로를 침범하여 진행한 과실로 피고인 운전 승용차의 앞부분으로 자전거도로 펜스를 들이받고 위 펜스가 튕겨 나가면서 때마침 자전거도로를 따라 진행하던 피해자 E(79 세) 운전의 자전거 뒷바퀴 부분에 부딪치게 하여 피해자를 바닥에 넘어지게 하였다.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks’ treatment due to occupational negligence, and at the same time, caused the above pents to repair the pents.

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