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(영문) 인천지방법원 2021.01.28 2020고단10497

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 11, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Incheon District Court’s Busan District Court’s Busan District Court’s Branch Branch.

[Criminal facts]

1. Although the Defendant violated the Road Traffic Act (drinking driving) on September 7, 2020, Defendant 1 driven D rocketing cars under the influence of alcohol concentration of about 15km from the 15km section to the “C” restaurant located in Yeongdeungpo-gu Seoul Metropolitan City on the roads near the station where Dongdaemun-gu Seoul is newly established to the roads located in Yeongdeungpo-gu, Seoul at around September 18, 2020.

2. The Defendant is a person who is engaged in driving of the said rocketing motor vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and in violation of the Road Traffic Act (after the accident).

On September 18:12, 2020, the Defendant driven the above car, and led to the first road between 102-23 and hill-scar tunnels in Jongno-gu Seoul, Jongno-gu, Seoul, to the red-scar tunnel, which is located in 102-23, to the red-scar tunnels from the boundary of the E University.

In such cases, the driver had a duty of care to prevent accidents, such as failing to drive under the influence of alcohol, by accurately operating the brake system, while driving the driver.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving a vehicle along two-lanes due to the negligence of driving by the Victim F, who was driving by the victim F, who was driving along the two-lanes, shocked the front part of the said penter and the front part of the said penter in front of the right side of the said rocketing passenger vehicle (hereinafter “instant traffic accident”). Ultimately, the Defendant did not take necessary measures, such as causing injury to the victim by negligence in the course of performing his duties, such as the penter’s salt, tension, etc. requiring approximately two-day medical treatment, and aiding the damaged person.