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(영문) 대전지방법원 2012.12.13 2012고단3615
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. On September 14, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) (A.S.) led the Defendant to drive a nufa2 car at the Doncheon University, Seo-gu, Daejeon, with three-lane intersections in front of the Doncheon University, Seo-gu, Daejeon.

At the time, there is a duty of care to prevent accidents in advance by complying with the signal, since it was night and its location was an intersection where signal, etc. is installed.

Nevertheless, while under the influence of alcohol content 0.089%, the Defendant, while under the influence of alcohol in blood alcohol content, neglected it, went to the right side from the left side of the driving vehicle of the victim Do driving, which was proceeding to the right side in the direction of the direction of the Defendant, and went to the victim without immediately stopping and taking necessary measures, even though the Defendant damaged the damaged vehicle equivalent to KRW 710,528 of the repair cost so that it would amount to KRW 710,528 of the repair cost.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was going to turn to the left from the new elementary school at the intersection in order to escape after paying the traffic accident as stated in the preceding paragraph at the time and place of the preceding paragraph.

At the time, since it is night and its location is a large place of vehicle traffic, a person engaged in driving service has a duty of care to ensure that he/she is well in front-time, maintain safety distance, and prevent accidents in advance by driving the vehicle.

Nevertheless, in order to witness an accident and stop the defendant while driving the above vehicle while under the influence of alcohol concentration of 0.089%, the victim F is driving the G car with the driver's license in the front side of the defendant's vehicle, and the safety distance is also safe.

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