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(영문) 수원지방법원 2019.10.31 2019고단3418
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Grandland car.

1. Around 09:35 on May 19, 2019, the Defendant was under the influence of alcohol of approximately 0.120% of the blood alcohol concentration at the section of about 8km from the fri-si transfer road in Suwon-si, Suwon-si to the front road in Ansan-si, the Defendant driven the Grandland under the influence of alcohol of about 0.120%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") provided that the Defendant, while under the influence of alcohol, driven a four-lane road near the support intersection road located in the border waters of Suwon-si, Suwon-si, Suwon-si, as described in paragraph 1, along the two-lanes from the direction of Seoul.

In this case, the driver of the vehicle has a duty of care to live well on the front side and accurately manipulate the steering gear to prevent the accident with other vehicles.

Nevertheless, due to the negligence that the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol, the Defendant d (50 years old) drive the lane in the direction of the steering gear from the two-lane to the four-lane of the above road, while driving the two-lane of the victim D(50 years old), which is proceeding normally from the four-lane, received the part on the left-hand left-hand side of the vehicle of the Defendant.

Ultimately, the Defendant did not, due to the above occupational negligence, inflict an injury on the said victim D, such as salt, tension, etc. of the girree belt back, which requires approximately two weeks of treatment, and did not immediately stop to the said victim F (hereinafter, 48 years of age) with a view to causing the injury of light cirratum, tension, etc. requiring approximately two weeks of treatment, and at the same time, did not take measures to rescue the victim by stopping the said stree in order to cause KRW 848,912 of repair cost.

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