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(영문) 창원지방법원 2016.09.22 2016고합191
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. The Defendant is a person who is engaged in driving service of the PM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (M5 vehicle).

On April 16, 2016, at around 20:00, the Defendant driven the apartment road in front of the apartment unit located in the Mapo-dong, in the state of alcohol alcohol concentration of 0.160% in blood, at the same time, the Defendant driven the front of the apartment unit located in the Mapo-dong, by three-lanes of Aju-do from the signal crossing side of the Apo-do.

At the time, there was a night and non-working, so in such a case, there was a duty of care to ensure that a person engaged in driving a motor vehicle has a duty of care to accurately operate the operation and steering gear while living well.

그럼에도 피고인은 이를 게을리 한 채 술에 취하여 운전한 과실로 3 차로에서 2 차로로 좁아 지는 곳에서 피고인의 승용차 앞 범퍼 부분으로 가드레일을 들이받은 다음 2 차로로 튕겨 들어오면서 2 차로에서 주행하던 피해자 D이 운전하던

E test made the front part of the driver in front of the car get the Defendant to have the right side part of the car.

Defendant 1 suffered from the victim D’s clocks and tensions requiring approximately three weeks’ medical treatment due to such occupational negligence, and at the same time, the amount equivalent to KRW 2,400,000 of the repair cost of the clocks was reduced to the amount equivalent to KRW 1,51,871, the repair cost of the clocks, such as the front clocks, but failed to immediately stop and rescue the damaged.

2. On April 16, 2016, the Defendant: (a) driven a CM5 vehicle while under the influence of alcohol of about 0.160% of alcohol content from a 300-meter section to the front road of the apartment unit located in the apartment site located in the Mapo-dong, from a Mapo-dong apartment store located in the Mapo-dong, at around 20:0 on April 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report (1) of traffic accident, notification of the results of regulating drinking driving;

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