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(영문) 수원지방법원 성남지원 2021.02.16 2020고단4005

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B in a manner that violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).

On October 17:55, 2020, the Defendant driven the said car in the direction of “Jongwon-gu Office Building Distance” from the boundary of “Songnam General Athletic Distance” on the front road of Sungnam-gu, Sungnam-gu.

Since a large number of vehicles are driving or stopping around each other, in such a case, there was a duty of care to ensure safe operation by thoroughly manipulating the steering and steering gear in a state of non-toxicity and accurately operating the steering and steering gear.

Nevertheless, while under the influence of alcohol level 0.109% in blood, the Defendant neglected to stop on the right side of the Defendant’s running direction, and did not avoid the victim D( South, 63 years old) driving E, which stopped on the right side of the Defendant’s driving direction, and opened the above victim’s driving seat and the above victim’s driving seat part on the front side of the Defendant’s driver’s car. The Defendant continued to park on the right side of the Defendant’s driving direction with the part on the victim’s driving seat and the above victim’s driver’s seat part on the front side of the Defendant’s car. The Defendant was able to receive the part on the right side of the passenger’s car owned by the victim F( South, 56 years old).

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as sugars without any wound in the open two areas requiring approximately two weeks of treatment, and suffered injury to the victim H (n, 62 years of age) who was accompanied by approximately two weeks of treatment for the victim D driver’s car, and at the same time, suffered injury to the victim H such as salt pans, etc. requiring approximately two weeks of treatment. At the same time, the part of the driver’s seat of the car in the repair cost of KRW 463,918 owned by the victim H for the victim H to reach KRW 1,358,129.