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(영문) 대전지방법원 홍성지원 2017.12.13 2017고단637

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

Reasons

Punishment of the crime

On June 8, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating Road Traffic Act (driving in drinking), and on July 7, 2015, a summary order of KRW 1.5 million for the same crime in the same court.

[Criminal facts]

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a violation), the Defendant is also a person engaged in driving CCop vehicles.

On July 1, 2017, the Defendant driven the above vehicle at around 18:40, while driving the vehicle at the speed of Boli-si D, and driving at a speed that would not be known to the bank from the new distance.

In this case, the driver of the motor vehicle has a duty of care to check whether there is a person driving the motor vehicle using the crosswalk, and to prevent the accident in advance by safely driving the crosswalk.

Nevertheless, the Defendant neglected this and failed to accurately manipulate the brakes, etc. while under the influence of alcohol 0.230% in blood, and caused the victim to go beyond the ground by taking the front part of the Defendant’s vehicle, which was the front part of the Defendant’s vehicle.

Ultimately, even though the Defendant suffered two-day medical care for the victim due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding and abetting the victim.

2. Although Defendant 1 had been punished twice or more due to driving under the influence of alcohol as above, Defendant 2 driven C Cop vehicle while under the influence of alcohol content 0.230% at the same time and at the above location, Defendant 2 driven C Cop vehicle while under the influence of alcohol.

The Defendant of "2017 Highest 669" on August 25, 2017, the Defendant 03:00 on the taxi platform in front of the H restaurant located in Bogi-si, Bogi-si.