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(영문) 대전지방법원 서산지원 2014.03.21 2013고단864
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving a B LA car;

At around 18:40 on October 12, 2013, the Defendant driven the said car while under the influence of alcohol of 0.196 percent of alcohol content from the Dollegri-ri, Jeju Metropolitan City, the second line of the two lanes in front of the Hyundai Mam Bank employees apartment located in the Gicheon-si, Seosan-si.

At the time, since it was at night, there was a duty of care to prevent accidents by maintaining the car driving distance and safety distance in front of the person engaged in driving a motor vehicle, and thus, the person engaged in driving a motor vehicle has a duty of care.

Nevertheless, the Defendant neglected to do so and did not discover and avoid the Track which was driven by the victim C(the age of 64) who was going before the vehicle driving of the Defendant's driver's car, and did not look back the back part of the Track loaded with the Track as the front part of the Defendant's driver's car.

Ultimately, the Defendant suffered from the above occupational negligence to the victim C with a chest 20-day therapy, and the victim D (the age of 43) who was accompanied by the Defendant’s vehicle driven by the Defendant, without taking necessary measures, such as causing injuries such as climatic salt, etc. in need of approximately 14-day medical treatment for about 14 days to the victim E who was accompanied by the same vehicle, and causing injuries such as climatic salt, etc. in need of approximately 21-day medical treatment to the victim F (the age of 44) who was accompanied by the same vehicle for about 21-day medical treatment, and at the same time, escape without taking necessary measures, such as repairing expenses to ensure that the clife is destroyed by damage equivalent to KRW 38,985,760, and providing immediate relief to the victims.

2. On February 24, 2009, the Defendant for a violation of the Road Traffic Act was sentenced to a fine of one million won for a violation of the Road Traffic Act at the site of Pyeongtaek District Court on February 24, 2009.

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