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(영문) 대전지방법원 천안지원 2020.06.19 2020고단569

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

[Criminal Power] On June 18, 2015, the Defendant was sentenced to a fine of KRW 4 million due to the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the support of the Daejeon District Court.

【Criminal Facts】

1. Around 22:20 on January 30, 2020, the Defendant driven a Brocketing car with approximately 40 meters alcohol concentration of 0.183% without a vehicle driver’s license from the road located in the Seo-gu Seongbuk-gu Seongbuk-gu, Seoan-si, Seoan-si, Seoan-gu, Seoan-si, to the road located in 15:3-lane 15, Seoan-gu, Seoan-gu, Seoan-gu.

Accordingly, the defendant was driving a motor vehicle more than twice without a driver's license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who drive B rocketing car.

At around 22:20 on January 30, 2020, the Defendant proceeded with roads located in 15, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, at a ethic speed from C elementary school level to the bank of the reservoir with interest.

At the time, since it is at night, the driver of a motor vehicle has a duty of care to live well in the front door and to operate the steering and brake system accurately and safely.

Nevertheless, the Defendant neglected to do so and failed to look at the front bank in accordance with the foregoing paragraph (1) and was driven by the victim D (Name and 51) who was driving in the front bank of the Defendant due to the negligence of driving a vehicle in the front bank as set forth in the foregoing paragraph (1).

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as a sacriff which is in need of treatment for about three weeks, and at the same time, destroyed the victim’s car to cover approximately KRW 5,318,600 of repair expenses, and escaped without taking measures, such as stopping the vehicle, and providing relief to the victim.

Summary of Evidence

1. The defendant's legal statement; 1.1.