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(영문) 인천지방법원 2020.11.25 2020고단8543

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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 (Bodily Injury) is a person who is engaged in driving a car in Bsch Rexroth ES350;

On August 27, 2020, the Defendant driven the said car while under the influence of alcohol of 0.147% of blood alcohol level around 05:48, the Defendant driven the said car, and driven the road of four-lanes in front of the Universal Investigation Distance in the south-gu Incheon Metropolitan City along four-lanes from the long investigative distance to C.

At the time, there are new walls, and there are crosswalks where signal lights are installed on the front door, so it is necessary to confirm whether there is a person engaged in driving of a motor vehicle to reduce the speed and to check well the front door, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and got the victim E (ma, 54 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals due to the negligence of driving in violation of the signal, and got the victim to go beyond the road.

The Defendant, by occupational negligence, sustained injury to the victim, such as an external propoper, which requires treatment for about 8 weeks, and escaped without taking measures, such as aiding the victim.

2. On December 6, 2016, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act at an Ansan District Court's Ansan Branch on the grounds of the crime of violation of the Road Traffic Act.

On August 27, 2020, at around 05:48, the Defendant driven a car from approximately 2 km to the full-time road located in the south-gu Incheon Metropolitan City from the front of the F to the front of the investigation distance in the Southern-gu, Incheon, Nam-gu, Seoul, with a blood alcohol concentration of 0.147%.

Summary of Evidence

1. On the defendant's legal statement E