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(영문) 춘천지방법원 2013.07.04 2013고단413
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On July 19, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Chuncheon District Court, and on September 7, 2012, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B in the low-speed.

On December 15, 2012, at around 01:20, the Defendant driven the said car without a driver’s license, while under the influence of alcohol of 0.090% of blood alcohol concentration, and led the Defendant to proceed with the national highway No. 44-lanes in front of the Gangwon-do Man-gun, Gangwon-do, Sugwon-gun, Sugwon-gun, in accordance with the two-lanes from the front side to the front side.

In this case, since the road surface was milched at the snow and at the expense of the defendant, and the defendant's front bank run the DK5 car operated by the victim C (the age of 31). In such a case, there was a duty of care to safely drive the vehicle by securing a sufficient safety distance for those engaged in driving the vehicle, such as maintaining a full safety distance for those who are engaged in driving the vehicle, and accurately operating the brake system.

Nevertheless, while driving under the influence of alcohol, the Defendant did not immediately find out the damaged vehicle due to negligence of neglecting the front-time city and did not avoid it, and received the back part of the damaged vehicle in front of the left-hand part of the Defendant's vehicle.

Ultimately, the Defendant by occupational negligence inflicted an injury on the above victim C, such as light fluoral salt in need of approximately two weeks of medical treatment, and fluoral salt fluoral salt, etc. in need of medical treatment for about two weeks to the victim E (n.e., 24 years of age) who was on board the above K5 vehicle, and suffered an injury to the victim F (n.e., the 28 years of age) in need of medical treatment for about two weeks, and at the same time, did not immediately stop the above K5 vehicle to the extent that the repair cost is equivalent to KRW 596,086, such as exchange of back fluorals, and did not take necessary measures such as providing relief to the victim.

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