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(영문) 창원지방법원 통영지원 2016.01.20 2015고단1107
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

1. Violation of traffic laws on roads, and violation of traffic laws on roads;

A. On August 24, 2015, the Defendant driven a D low-water car without a driver’s license, under the influence of alcohol leveling from approximately 44 km to the front road of the Yellow-si, Sacheon-si, in the direction of the village entrance, at approximately 0.11% of alcohol level from the 44km section to the front road of the village in the Tong-si, the Defendant committed the crime of August 24, 2015.

B. On August 25, 2015, the Defendant driven a knife car without a driver’s license on August 25, 2015, under the influence of alcohol level of approximately 0.104% from the 50km section from the road front of the Culture Marina-dong, which is in the south-dong of Sincheon-si, to the yellow Don-dong, from August 25, 2015.

2. On August 24, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive a D low-speed motor vehicle with alcohol level of 0.111% in the influence of alcohol during the blood transfusion on August 24, 2015 without a driver’s license; (b) drive the road in front of the entrance of the C village at the port of Nowonsan at a speed of about 60 km per hour along the two-lanes along the speed between the two-lanes.

At the time, since the night and the sucked surface was milched, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as accurately operating the steering gear, brake and other devices of the motor vehicle, keeping the front door well, reducing the speed of the motor vehicle, and prevent the accident from occurring due to the safe driving of the motor vehicle.

However, the Defendant was negligent by neglecting the above duty of care and driving in the front direction of the victim E (36 tax) driving, which was in the signal waiting at the same direction, and received the part of the Defendant’s front part of the vehicle.

In conclusion, the defendant, by negligence in the above business, sustained injuries such as salt, tensions, etc. in the booms that require approximately two weeks of treatment to the victim E, and approximately two weeks of injury to the victim G (36 tax) who was on board the damaged vehicle.

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