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(영문) 대전지방법원천안지원 2020.09.04 2020고단1296

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

[200 Highest 1296] The defendant is a person driving B K3 cars.

On May 13, 2020, the Defendant driven the above vehicle on May 22:38, 2020, and driven the front of the occupational three-distance road located in the business dynamics of the Seoanan-gu, Seoan-gu, Seoan-si along one-lane from the direction of the astronomical North Korean Police Station at an insular speed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that impedes and impedes others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant, by negligence, neglected to stop in the front of the signal stop, was driven by the victim C (Nam, 28 years old) who was under the influence of the signal stop at the front of the vehicle of the Defendant, and then was placed on the front side of the vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and escaped without immediately stopping the victim’s vehicle and without taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the victim’s vehicle to have approximately KRW 363,979.

[200 Highest 1731] On November 2, 2017, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek Housing Site source.

At around 15:40 on May 17, 2020, the Defendant driven BK 3 automobiles under the influence of alcohol with approximately 20km alcohol content 0.163% from the 20km section to the front road of the 358km in the direction of the west-gu, Seo-gu, Seocheon-gu.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

[Attachment 200] 1.20

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