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(영문) 부산지방법원 동부지원 2017.03.30 2016고단2662
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Busan District Court. On August 10, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

[Criminal facts]

1. A person who is engaged in driving a motor vehicle since the defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or a violation of the Road Traffic Act) and a violation of the Road Traffic Act (or a subsequent measure after an accident).

On November 29, 2016, the Defendant driven the above vehicle under the influence of 0.118% alcohol during blood without a driver's license on November 29, 2016, and continued the front road of the F golf course located in Busan Shipping Daegu E from the same side to the Busan Coast Guard Police Station at the speed of about 60 km.

At the time, since the passage direction of the road is at night and at the same time is divided, the driver of the motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely while driving the motor vehicle on the right side of the center line.

Nevertheless, the Defendant neglected this and proceeded beyond the median line, and did not have a license plate for driving the Victim G (24 tax) that is proceeding on the opposite side, and received a 124CC GTS125 EVO car as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, attempted to suffer injury, such as pressing 2 and 3, which requires approximately six weeks of medical treatment, and attempted to flee without immediately stopping the damaged vehicle and taking measures, such as providing relief to the injured party, even though the Defendant destroyed the damaged vehicle to have an amount equivalent to KRW 4,543,00,000.

2. The defendant is under the influence of alcohol level of 0.118% in blood transfusion at the same time and place as the above paragraph (1) of this Article, and the point where the above accident occurred on the road after the camera in Busan Dong-gu, Busan, while under the influence of alcohol level of 0.18% in the blood without the driver's license for the vehicle.

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