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(영문) 수원지방법원 안산지원 2016.05.18 2015고단3981
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On July 7, 2008, the Defendant has been punished for a fine of KRW 700,00 for a violation of road traffic law (driving of alcohol) in the support for the development of the place of water source, and on October 24, 201, for a violation of road traffic law (driving of alcohol) in the support for the development of the place of water source, and on October 24, 201, for a violation of road traffic law (driving of alcohol).

1. On November 25, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (hereinafter referred to as the “Non-accident”) led to a speed of about 60 km per hour from the 0.221% of alcohol concentration among blood transfusions at around 01:5 on November 25, 2015, the Defendant driven C car with C car-stresing cars at a speed of about 0 km per hour at the distance of the private road improvement complex located on the side of the port of Ansan City at the speed of about 60 km.

At this point, there was a center line of yellow solid lines, so there was a duty of care to prevent accidents in advance due to the failure of a person engaged in driving a motor vehicle who is engaged in driving the motor vehicle to dump the center line.

Nevertheless, the Defendant neglected this and neglected to operate the center line on the opposite side of the intersection, and received the front part of the FK9 car driving by the victim E while standing in the opposite side of the intersection. The Defendant was placed on the front part of the said car rental car driving by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained an injury to the said victim in light of the clocks requiring two weeks of medical treatment, and at the same time, destroyed the said K9 car to move in KRW 3,230,125, such as the exchange of the front clocks, and escaped without taking necessary measures, such as aiding the damaged person by stopping the vehicle.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car rental car under the influence of alcohol with 0.221% alcohol concentration in blood at the time and place specified in paragraph 1.

3. Notwithstanding that a defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation, he shall operate it;

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