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(영문) 부산지방법원 2020.12.09 2020고단3218
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

[criminal power] On August 24, 2009, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act, etc. from the Gwangju District Court’s net support on August 24, 2009. On April 8, 2019, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (Refusal of measurement) at the Changwon District Court.

【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 a car B;

On May 5, 2020, the Defendant driven the above car at around 03:03, and driven the road of four-lanes in front of Busan Jin-gu, Busan, along that two-lanes from the D apartment to the Jinyang-do.

At the time, there was a signal signal at the front of the lane where the Defendant was unable to keep the surrounding area due to a new wall, and in such a case, there was a duty of care to prevent accidents by thoroughly checking the front-time situation to a person engaged in driving of a motor vehicle and checking whether there was a vehicle waiting in the signal at the front of the road, maintaining the safety distance, and maintaining the safety distance

Nevertheless, the Defendant neglected this, while drinking alcohol at the front side of the Defendant’s running direction, brought down the part on the left side of the F-wing vehicle driven by the victim E (Nam, 63 years old) who was in the atmosphere of the signal at the front side of the Defendant’s driving direction, and shocked into the front side of the said vehicle’s driving.

Ultimately, the Defendant, by occupational negligence, sustained an injury to the victim, such as salt dynasium in need of medical treatment for about two weeks, and at the same time, avoided the damaged vehicle to repair cost amounting to KRW 959,969, without immediately stopping it, and escape without taking measures, such as providing relief to the victim.

2. The Defendant violating the Road Traffic Act (driving) is a person who has been under the influence of violating the prohibition of drunk driving as above, and on the front day of G in the same day from the date and time place specified in paragraph (1) to around 05:40 on the same day.

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