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(영문) 광주지방법원 목포지원 2016.05.27 2016고단245
특정범죄가중처벌등에관한법률위반(도주차량)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

The defendant is a person who is engaged in driving of a cargo vehicle of Class B and Class III.

On August 16, 2015, the Defendant driven the foregoing cargo vehicle under the influence of alcohol 0.112% in alcohol during blood transfusions, and proceeded straight distance in front of the wooden Police Station in front of the wooden Police Station, which is located on a wooden city, in the face of the wooden Police Station, along one-lanes of the two-lanes in the front of the Defendant’s front line, while driving directly along the two-lanes, the Defendant considered that the Defendant’s front line of the victim C (n, 26 years of age) driven at the Defendant’s front line to turn to the left from the above shooting distance. The Defendant driven the said vehicle in front of the said vehicle along the two-lane line.

Since there was a frequent traffic intersection, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering gear and brake system by accurately operating the steering gear and brake system, and in particular, there was a duty of care to avoid passing other vehicles at the intersection.

Nevertheless, the Defendant neglected to do so, while driving the above cargo while under the influence of alcohol, and did not accurately examine whether or not the above passenger vehicle passes a left-hand turn at the above intersection, and went back to the first lane after passing the above passenger vehicle at the above intersection. By negligence, the front side of the above passenger vehicle, which was going straight along one lane from the above shooting distance, was shocked by the Defendant’s left-hand side of the cargo vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C, such as salt, tensions, etc. in the part of the pelle and tensions, and the victim E (31) who is a passenger of the said vehicle, due to approximately two weeks of treatment, and at the same time, damages the said vehicle to repair cost of KRW 1,092,749, while immediately stopping the vehicle to rescue the injured party.

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