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(영문) 창원지방법원 2019.02.15 2018고단3227
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

except that 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

The defendant is a person who is engaged in driving a K5-car.

On October 5, 2018, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.115% under the influence of alcohol level 0.115% on the street of D elementary school located in Speaker C at Speaker C, and driven the said vehicle at a one-lane one-lane distance distance from D elementary school at the seat of the port where the delivery box was sent off.

In such cases, a driver of a motor vehicle has a duty of care to see the front side and accurately operate the steering system, brakes, and other devices of the motor vehicle, and to safely check the progress and signal of the preceding motor vehicle.

Nevertheless, it is difficult for the Defendant, by negligence, negligent in proceeding at the above K5 vehicle charging at the above K5 vehicle turning the signal at the front of the F Kaol car driven by the victim E (the age of 46) who had driven by the above K5 vehicle, and the fact of driving alcohol is discovered after driving the vehicle at the front of the above K5 vehicle. While the Defendant escaped at the shooting distance of D elementary school, the Defendant got away at the above 306 Supplementary bank face to the right-hand turn to the right-hand turn at the right-hand turn in the front line of the straight line, which is facing the negligence of the victim H (the age of 48) who had driven by the victim H(the age of 48) with the right-hand turn to the right-hand turn at the front line of the above K5 vehicle at the front end of the above K5 vehicle.

Ultimately, the Defendant’s negligence in performing the above occupational duties causes injury to the victim E in light of light salt that requires approximately two weeks’ medical treatment, injury to the victim H in light of the clifal base, etc. requiring approximately two weeks’ medical treatment, injury to the victim J (W, 48 years old) who is a passenger of I Mystren passenger car, and at the same time, suffered injury to the chest clifal unit, etc. requiring approximately two weeks’ medical treatment, and at the same time, at repair costs, such as the exchange of clifr vehicle with I Mystren driver car, equivalent to KRW 925,296, and KRW 5,860,470.

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