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(영문) 서울북부지방법원 2015.03.31 2014고단4076
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On May 28, 2008, the Defendant was sentenced to a suspended sentence of 2 months at the Busan District Court for a violation of the Road Traffic Act (hereinafter referred to as a "driving"), and was sentenced to a suspended sentence of 6 months on July 22, 2009 by the Busan District Court's Branch Branch of the Dong Branch of the Busan District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving of BM5 vehicles;

On July 18, 2014, at around 18:40, the Defendant driven the said SM5 vehicle with a blood alcohol concentration of 0.192%, and proceeded along the two-lane road in front of the Busan East-dong, Busan-dong, along the one-lane from the discharge of sewage treatment plant to the discharge of sewage treatment plant. On July 18, 2014, the Defendant changed the vehicle line to the two-lane for the purpose of overtakingW car driven by the victim C(38 years old) who is driving in the front bank, and then changed the said BMW vehicle to the one-lane in the future.

In such cases, the driver of a motor vehicle has a duty of care to safely change the vehicle line and prevent the traffic accident in advance in the future in order to ensure that the driver of a motor vehicle is able to properly check the traffic conditions of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant got off the right-hand part of the said BMW car as part of the left-hand part of the said SM5 car, and suffered injury such as salt, tension, etc. of the vert5 car, which requires approximately two weeks of treatment to the victim due to its shock, and at the same time, destroyed the said BMW car to cover KRW 1,780,000, such as the right-hand part of the front-hand part of the said car, and escaped without immediately stopping it, and without taking measures such as aiding the victim.

2. A person who violates the Road Traffic Act shall take the place in front of a restaurant with no trade name in the vicinity of the euthan-dong-dong, Busan Metropolitan City.

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