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(영문) 수원지방법원 평택지원 2021.01.07 2020고단2856
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and ten months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the violation of the Road Traffic Act (after an accident) are those who are engaged in driving of a franchise-low vehicle.

On July 11, 2020, the Defendant driven the said car under the influence of alcohol content of 0.156% among blood transfusions on July 20, 2020, while driving the said car at a 0.156%, and driving the car at a eth two-lane Do, E, one lane in front of E, which is in E, in Ansan, at a ethic speed from the training room.

At the same time, it was difficult to set up at night, and other pedestrians, bicycles, etc., so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering and steering gear.

Nevertheless, the part of the left side of the bicycle driven by the victim F ( South, 40 years old) who was proceeding on the right side of the defendant's driving by negligence while neglecting this due to the negligence of the defendant, was shocked into the right side of the driver's car.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as blood transfusion damage on the bridges below the left-hand side in need of approximately 12 weeks medical treatment, and at the same time, even though the above bicycle was damaged by KRW 899,000, the Defendant stopped immediately and escaped without taking necessary measures, even though it was damaged by the repair cost.

B. On December 9, 2012, the Defendant is a person who has been sentenced to a fine of KRW 1.5 million on August 1, 2013 to a fine of KRW 4 million in the above court as an offense of violation of road traffic law (driving alcohol) in a housing site site located in the Suwon District Court of Suwon District on December 9, 2012, and on August 1, 2013.

Nevertheless, the Defendant, at around 20:30 on July 11, 2020, was under the influence of alcohol content of about 800 meters from the JJ roads in front of the H restaurant located in G in Ansan-si to the J roads located in I, and the Defendant was under the influence of alcohol content of about 0.156% during blood.

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