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(영문) 의정부지방법원 2020.12.09 2020고단4092
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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 August 27, 2010, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act (driving). On July 1, 2016, the Defendant received a summary order of KRW 3,00,000,000 from the Jungbu District Court to the same crime.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a motor vehicle of MINI Cowman D in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act.

On June 26, 2020, the Defendant driven the said car while under the influence of alcohol of 0.157% of blood alcohol level around 23:10 on June 26, 2020, and proceeded at a speed that would not be known by three-lanes of the four-lanes between the two-lanes near Yongsan-gu Seoul, Yongsan-gu, Seoul.

At the time of night, it is not good to ensure the view of the vehicle at night, a large volume of traffic flow, and there was a high-speed car driven by the victim D (Nam, 34 years old) at the front of the road. In such a case, there was a duty of care to prevent the accidents of harming the vehicle from a smoke, such as thoroughly maintaining the safety distance with the preceding vehicle while under the influence of alcohol, maintaining the safety distance with the preceding vehicle, and accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in driving so that the part on the back and back of the said low-speed car was driven by the Defendant’s negligence, which led to the front part of the said MINI Cooper D Counman’s car.

Ultimately, the Defendant, while driving a car with the above MINI Cooper D Counyman in a situation where it is difficult to drive the car normally due to influence of drinking, and inflicted injury such as light liquor, tension, etc. on the victim D, which requires approximately two weeks of medical treatment, and around two weeks of injury on the victim F (the victim F, who was on board the above high-speed car).

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