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(영문) 수원지방법원 안산지원 2020.01.17 2019고단2825

특정범죄가중처벌등에관한법률위반(도주치상)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 of the final judgment.

Reasons

Punishment of the crime

[criminal record] On April 21, 2019, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on July 31, 2019, and filed an application for a formal trial with the same court under Article 2019Ma193, which was withdrawn on October 14, 2019, and the above summary order became final and conclusive as it is.

【Criminal Facts】

1. On July 11, 2019, at around 14:28 of the Road Traffic Act and around 14:56 of the same day, the Defendant driven a rocketing car without a driver’s license, while under the influence of alcohol of about 4km from the 4km section to the 0.157% of the blood alcohol concentration at the 0.157%, from the 14:56 on the 14:56 on the 10th day from the Dolung-si commercial building in Silung-si to the 768 west coast.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving of Crocketing and other automobiles.

On July 11, 2019, the Defendant, like Paragraph 1, 14:56 around 14:56, 2019, driven the 4-lane 4-lane 768 at the west coast in Sinung-si, Sinung-si, Sinung-si, along that the Defendant driven the epoch at a epoch speed, along the epoch distance from the eposcopic surface to the eposcopic surface.

At that time, the Defendant, who was driving by the victim D(62 years of age), was stopping in the signal atmosphere, and therefore, the Defendant had a duty of care to prevent accidents in advance by properly manipulating the steering direction, steering system, etc. of the vehicle and operating the vehicle safely.

Nevertheless, the defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol as above, and thereby, the above K5 car is back to the top of the above K5 car.