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(영문) 창원지방법원 마산지원 2016.03.29 2016고단3
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On January 27, 2015, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Changwon District Court Msan Branch, and completed the execution of the sentence at the detention house on August 21, 2015.

[Criminal facts]

1. On December 24, 2015, the Defendant discovered that, on the front road of a non-school apartment located in the Changwon-si, Changwon-si, Changwon-si, the Defendant was parked in a state of not correcting the vehicle with 15 million won or more, which is the victim C, at the market price, from the front road of the non-school apartment located in the Changwon-si, Changwon-si, Mawon-si. The Defendant: (a) opened the vehicle and opened the door; and (b) boarded the vehicle with the keys of the vehicle located in the far away from the entrance, thereby cutting down the said vehicle.

2. On December 24, 2015, the Defendant was under the influence of alcohol on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle), the violation of the Road Traffic Act (ii.e., an accident) and the violation of the Road Traffic Act (ii) on December 24, 2015, driving a motor vehicle with a low alcohol content of 0.155%, such as paragraph (1), and driving a motor vehicle with a high alcohol content of 0.15% at the same time as that of paragraph (1), and driving the motor vehicle along the four-lane in front of the E pharmacy located in Masan-si, Changwon.

At night, the road was installed with signal apparatus at the front time, and the Defendant was proceeding at the front of the road by the victim F, and thus, the person engaged in driving a motor vehicle has a duty of care to ensure the safety distance with the vehicle in front and the safety distance, and to prevent the accident by accurately operating the steering direction and brake apparatus in preparation for the situation where the vehicle in front stops due to a signal change, etc. after well examining the right and the right and the right of the front of the motor vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to stop on the front, and caused the part behind the Defendant’s driver’s vehicle in front of the Defendant’s driver’s vehicle, which was stopped due to the failure to stop on the front.

Accordingly, the defendant's car owned by the victim F to be equal to KRW 1,346,30.

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