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(영문) 서울남부지방법원 2020.10.06 2020고단1081

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for a term of one year and four months.

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 April 24, 2011, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

1. Around September 14:30, 2019, the Defendant driven a D G70 vehicle while under the influence of alcohol at approximately 0.040% of blood alcohol concentration from the section of about 1km from Daejeon Seo-gu B apartment to the front road of Daejeon Seo-gu C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving service of a vehicle amounting to D G70.

On September 28, 2019, the Defendant driven the said car while under the influence of alcohol 0.040% of blood alcohol level around 14:30%, and led to a three-lane road in front of Daejeon Seo-gu E in the direction of the Water Resources Corporation, one lane in the direction of the new shot in the direction of the Water Resources Corporation.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was faced with the central separation zone installed on the said road by negligence while neglecting it, and the Defendant went away from one lane due to the shock, and was driven by the victim F(34 years old) who was driving in the same direction in the same three-lane way as the victim F(34 years old) was driven by the Defendant in front of the right side of the car driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as culp tensions and tensions, which require treatment for about two weeks by occupational negligence as above, and at the same time, the repair cost of KRW 6,302,248, such as the exchange of f,302, and 248, such as the exchange of f,30,000, damages the above f, and immediately stops, and provides relief to