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(영문) 수원지방법원 성남지원 2014.08.21 2013고단2784
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Criminal facts

On November 5, 2007, the defendant was sentenced to a fine of 2.5 million won by a violation of the Road Traffic Act (driving) at the Busan District Court on November 5, 2007 and a fine of 3 million won by a violation of the Road Traffic Act (driving) at the same court on August 14, 2009 and violated Article 44 (1) of the Road Traffic Act at least twice.

[Judgment of the court below]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles), Violation of the Road Traffic Act (Operation without Driver’s License) and the Road Traffic Act (Operation without Driver’s License) were under the influence of alcohol with a blood alcohol concentration of 0.16% on September 7, 2013 without a driver’s license, and the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.16% on the roads of “E” in Gwangju City D by driving a scenario car.

In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected the front left side of the victim F(20 years of age) who was a victim's driver's vehicle after the Defendant's driver's vehicle was under the influence of alcohol and neglected the front side of the vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to be scambling in the part where the number of days of treatment cannot be determined, and the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. The injured Defendant, as described in paragraph 1, escaped from a traffic accident and getting out of the said car. On the ground that the injured party G (23 years of age) who was a witness F’s first-class of the said witness attached himself/herself, he/she set the victim’s breath to the two hand, set the victim’s breath, and set the breath to G, which requires approximately two weeks of medical treatment.

【2014 Highest 652】 The Defendant did not obtain a driver’s license on March 4, 2014, and in the vicinity of the “Sacheon-dong hotel” located in Echeon-si.

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