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(영문) 전주지방법원 2020.04.29 2019고단1634

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On November 8, 2010, the Defendant received a summary order of KRW 700,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those engaged in driving service of BK7 automobiles;

On August 10, 2019, at around 02:30, the Defendant driven the said car while under the influence of alcohol of 0.133% of blood alcohol level, and continued the intersection of the private distance of the mobile intersection located in 167, Seogsan-gu, Seoul Special Metropolitan City, Seogwon-ro, in the front city, in two-lanes of the Do office of the Do office of the front city.

Since there is an intersection where signal, there was a duty of care to drive a person engaged in driving of a motor vehicle according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to go through the red-fluoring crossroad and went to the left of the right of the Do government in accordance with the direct and right of the front part of the Do government road operated by the victim C(63 years of age) of the Do government in Samcheon-dong Do government road in accordance with the Do government road line.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injuries to salt and tensions in need of treatment for about two weeks, and at the same time escaped without any necessary measures, such as aiding and abetting the taxi of the victim so that the repair cost would be approximately KRW 3,437,390.

2. Although the Defendant had the record of violating Article 44(1) of the Road Traffic Act, the Defendant driven the said K7 vehicle under the influence of alcohol leveling 0.13% in the section of about 2km from the 2km to the place where the accident described in paragraph (1) occurred at the time prior to the front of the instant accident, the Defendant driven the said K7 vehicle in the state of under the influence of alcohol leveling 0.133% in the middle of about 2km at the front of the front of the instant accident.

In this respect.