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(영문) 부산지방법원 2021.01.20 2020고단4028

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

1. On August 19, 2020, the Defendant driven a Dpoter freight vehicle under the influence of alcohol leveling 0.194% from the front side of the B apartment house in Busan-gu, Busan-dong, to the front side of the Busan-dong C apartment parking lot.

2. On August 19, 2020, the Defendant: (a) violated the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of injury resulting from dangerous driving); (b) violated the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of injury resulting from accident); and (c) violated the Road Traffic Act (in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of an accident), driving a motor vehicle loaded at the port of the preceding paragraph at around 02:30 on August 19, 202; and (b) driving the motor vehicle at the speed of about 40km from B apartment to the ero

At the time, there are nights and places where vehicle traffic is frequent, so in such cases, when a person engaged in driving a motor vehicle intends to change course, he/she has a duty of care to give prior notice of change of course and to change the lane by properly considering the traffic situation of the front and rear and the left.

Nevertheless, the Defendant neglected this and failed to take well into account the surrounding traffic conditions under the preceding paragraph, and was negligent in changing course from the second lane to the first lane, and was in the middle of the victim G ( South, the age of 23) who was in the middle of the first lane, which was the victim H owned by the victim H, and was in the front part of the driver's seat of the Defendant.

As a result, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of alcohol, and suffered injury such as salt, tension, etc. from damage caused by the said cargo to the victim G, and injury to the victim J (J, South, 24 years old) who took advantage of the said damaged vehicle for about two weeks of treatment, and at the same time, at the same time, the Defendant 1,103,087 won of the said high-speed vehicle owned by the victim H of the driving of G.