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(영문) 서울남부지방법원 2020.11.03 2020고단1947

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On January 29, 2016, the Defendant is a person who has received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Incheon District Court’s Branch Branch on January 29, 2016

【Criminal Facts】

1. 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 are engaged in driving motor vehicles B at low speed;

On December 15, 2019, the Defendant, at around 03:10 on December 15, 2019, driven the 6nd line road of the Seoul Yangyang-gun, Seoul Yangyang Highway, a document for the 6nd line road of the Seoul Yangyang Highway, with a blood alcohol concentration of 0.171%, and proceeded at an insular speed in two lanes in both direction in the Seoul west. At that time, the Defendant, at that time, followed the vehicle behind the victim C (55 years old) driving in the same direction, had a duty of care to prevent the accident in advance by driving the vehicle safely, such as thorough operation of the front speed and operation of the steering system and operation of the steering system.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and proceeded with only, and went away from the site without taking necessary measures such as scrapping (repair cost) and saving the victim, by taking the back of the D low-speed vehicle into consideration the Defendant’s low-speed vehicle as the front-speed driver for the vehicle. In addition, the Defendant suffered injury, such as salt, tension, etc. of the front class of the horse that requires treatment for about two weeks, and at the same time, went away from the site without taking necessary measures such as destroying D high-speed vehicle to the extent that it can be destroyed by scrapping (repair cost).

2. The Defendant violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is in a state where it is difficult to drive under normal conditions such as influence of alcohol due to the influence of alcohol while under the influence of alcohol at the time and place specified in paragraph (1).