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(영문) 의정부지방법원 2020.10.27 2020고단3524

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

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

On December 8, 2017, the defendant was issued a summary order of a fine of three million won by the District Court of Jung-gu with the charge of violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person who is engaged in driving a passenger car BAD A4.

On April 4, 2020, the Defendant, while under the influence of alcohol at 0.056% of blood alcohol concentration at around 16:17, 020, was driven by the Defendant, at the front of the luminous Police Station, the luminous Police Station, located on the 54th Dondong-ro Don-ro, was moving back to the speed of 5 km from the front of the luminous Police Station, to the c market face at the speed of 5km.

There is a narrow road of one lane, and there is a C market, which is a traditional market in the vicinity, and the traffic volume of pedestrians is very high. In such a case, a person engaged in driving of a motor vehicle has a duty of care to make sure that the driver has a duty of care to prevent accidents by accurately manipulating the direction and the right and the right and the right of the motor vehicle and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the duty at the time of the front week and neglected to do so, and thereby led the victim D (ma, 53 years old) crossing the road from the right side of the defendant's proceeding to the front driver of the passenger car.

As a result, the Defendant suffered from a ductal injury to the victim for about seven weeks of medical treatment due to occupational negligence as above, and attempted to rescue the victim and provide the victim with personal information without taking necessary measures, such as providing the victim with personal information.

2. On April 4, 2020, the Defendant, while under the influence of alcohol at 0.056% of blood alcohol level on April 16, 202, the Defendant driven B Uidi A4 car from the 5km section of around 16:45 meters from the front of the luminous Police Station, which was located at 54% of 0.05% of the breath-ro fri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

This is the defendant.