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(영문) 수원지방법원 안산지원 2018.08.08 2018고단871

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on July 10, 2009. On December 28, 2012, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act (drinking) at the National District Court for violation of the Road Traffic Act. On January 14, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of six months of imprisonment for a violation of the Road Traffic Act (drinking) at the Incheon District Court.

[Criminal Facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") by the Defendant is a person engaging in driving of a motor vehicle in D SPP.

On July 29, 2017, the Defendant driven the said car at around 22:59, while driving the blood alcohol concentration of 0.198%, the Defendant continued to drive the F cafeteria in front of the F cafeteria E in Silung City, at the speed of 0.198%, along with the two-lanes from the fish market to the intersection as soon as possible.

At night, Defendant G (18) was walking along the front door of the vehicle of Defendant at night, and in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering gear of the vehicle.

Nevertheless, while the Defendant was negligent in driving a vehicle while under the influence of alcohol, the Defendant received the back portion of the victim's left-hand side of the above victim's driver's car operation, and got the victim to suffer injury, such as the symptoms and protruding side of the trauma-propug, which requires approximately four weeks of treatment, and the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

2. Although the Defendant violated the Road Traffic Act (drinking driving) had been punished for driving under drinking not less than twice as above, the Defendant 4.5km from the first day of the I cafeteria located in Sil-si H in Silri-si, Silsi-si, and the front day of the F cafeteria in Sil-si E.