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(영문) 부산지방법원 2016.09.29 2016고단4039
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On April 25, 2009, the Defendant was issued a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on April 25, 2009, and issued a summary order of KRW 1 million for the same crime at the same court on September 13, 2007.

On April 7, 2016, at around 00:50, the Defendant operated a B B B B-type car under the influence of alcohol concentration of about 0.115% from the front side of the parking lot in the front of the exit-gu parking lot in Busan Dong-dong to the intersection of the Seodaemun-gu in Busan Dong-gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. The defendant is a person who is engaged in driving a B B driver's car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

At the same time as paragraph 1, the Defendant driving the said car and driving the said car at a speed of about 30 km from the direction of the intersection to the intersection of the Seodaemun-gu, Busan Metropolitan Government, along the two-lanes in the direction of the intersection of the road in the direction of the intersection of the road.

At night, a signal was installed at the time, and since the victim C was a DM5 passenger vehicle driven by the victim C in the front door, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the brakes while living well in the front door and accurately manipulating the steering gear and the brakes to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant did not neglect to stop and did not proceed as it was, due to the negligence of Defendant 1’s failure, received the part of the victim’s above SM5 passenger car in front of the above SM5 passenger car.

Ultimately, the Defendant’s negligence in the above occupational negligence leads to the right side in need of two weeks medical treatment.

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