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(영문) 의정부지방법원 고양지원 2021.02.17 2020고단3190

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

1. The Defendant is a person who is engaged in driving a BV vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On October 6, 2020, the Defendant driven the above NAS under the influence of alcohol concentration of 0.187% in the blood at the intersection in front of the Dong-gu Incheon Metropolitan City apartment complex, Ilyang-gu, Seoul Metropolitan City on March 6, 2020, and led D high school from the long distance from the port of port to the port of port.

In this case, the driver of the vehicle has a duty of care to properly see the front side and accurately manipulate the steering and brakes to prevent the accident.

Nevertheless, due to the negligence of being drunkly driven by the Defendant, the Defendant was in the front part of the Defendant’s vehicle, following the Defendant’s f-hurged vehicle in front of the Defendant’s vehicle ( South, 28 years old), and received the f-hurged vehicle from the F-hurged vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, due to the foregoing occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment, and at the same time, escaped without immediately stopping the vehicle to cause approximately KRW 4,988,598 of repair cost, while destroying the said vehicle to move to approximately KRW 4,98,598, and without taking measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (drinking) driving a BN driver’s vehicle under the influence of alcohol with approximately 0.187% alcohol concentration from the section of approximately 1 km to the roads adjacent to the Gtel in Gyeonggi-gu, Gyeonggi-gu, Seoul Metropolitan City, Gtel in the day-to-day, as described in the above paragraph (1) through the accident site described in the above paragraph (1).

Summary of Evidence

1. Application of the statutes governing the defendant's statutory statement;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (in the case of the Do) and Articles 148 and 54(1) of the Road Traffic Act (in the case of the non-measures after the accident).