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(영문) 수원지방법원 성남지원 2021.03.26 2020고단3515

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

[2] On August 19, 2013, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking on drinking), etc. in support of the Sungnam branch of Suwon branch of Suwon branch of Korea on May 18, 2016, a fine of three million won due to the same crime in the same court on May 18, 2016, and seven million won due to the same crime in the same court on November 20, 2017.

[Criminal facts]

1. The Defendant is a person who drives BMW520 automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in Jeju Island).

On August 23, 2020, the Defendant driven the above vehicle at around 21:56, while driving the vehicle, the Defendant proceeded at an irregular speed in the direction of the sports field in the direction of the general sports field from the D main room.

The location is a side road that is not divided into a roadway and a sidewalk, and a driver of a motor vehicle shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic situation of the road and the structure and performance of the motor vehicle, and the driver of the motor vehicle shall not drive the motor vehicle in a safe manner to report the traffic situation in the front

Nevertheless, the defendant neglected to do so, and the part of the victim E (son, 26 years old)'s knee-less part on the right-hand side of the progress direction was collisioned with the front part of the Defendant's driving vehicle.

Accordingly, even though the Defendant was able to receive approximately four weeks of medical treatment from the victim by driving the said car, the Defendant failed to immediately stop the car and rescue the damaged person, and escaped without taking measures, such as aiding and abetting the damaged person.

2. On the day specified in paragraph 1, the Defendant driven the said vehicle while under the influence of alcohol content of 0.234% in blood at the direction of about five kilometers from the direction of the city of Sungnam-gu to the front of the same Gu in the direction of approximately five kilometers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Report on the occurrence of a traffic accident, report on the circumstances of driving at home, and driver at home; and