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(영문) 부산지방법원 2016.01.12 2015고단7422
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

The defendant is a person who is engaged in driving a BF small-scale car.

1. On November 17, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on December 15, 2010, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

Although the Defendant driven a vehicle under the influence of alcohol over two occasions, on September 12, 2015, the Defendant driven the said vehicle under the influence of alcohol with approximately KRW 0.073% of alcohol concentration in blood at the section of about 1.5km from around September 12, 2015 to the front distance intersection of the new apartment complex located in the Dongpodong-dong of Busan, Busan, on September 12, 2015.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (U.S.) and the traffic law violation (U.S.) came to proceed by making the left turn turn to the left at an speed of about 30 km from the intersection to the intersection of the intersection of the new apartment in the front of Busan-gu, Busan Metropolitan City.

Since there was a cross-section where signal lights are installed, there was a duty of care to safely proceed with the signal to those engaged in driving service.

Nevertheless, even if the defendant neglected to turn to the left and did not turn to the left, the defendant was found to have been driven by the victim C(55 years) who was driving from the intersection to the intersection of the previous one, by the negligence of proceeding to the left, the front part of the freight in the front side of the car of the defendant.

Ultimately, the Defendant, by occupational negligence, sustained injuries to light salt that requires approximately two weeks of medical treatment to the victim.

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