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(영문) 청주지방법원 2021.01.28 2020고단2023
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[Power of drinking driving, etc.] On December 9, 2008, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (drinking driving), and a fine of KRW 2 million by the Cheongju District Court on May 11, 201 as a crime of violation of road traffic law (drinking driving).

[Criminal facts]

1. Around 05:49 on September 19, 2020, the Defendant driven a FMW520d car in the state of alcohol alcohol concentration 0.078% while under the influence of alcohol content 0.078%, from the road before the “C” alcohol house located in Heung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Cheongju to the front road located in the Gu Council-gu, Cheongju-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant is a person who is engaged in driving a FMW520D car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and in violation of the Road Traffic Act (or after an accident).

On September 19, 2020, the Defendant was under the influence of alcohol concentration of 0.078% from blood transfusion around 05:46, the Defendant continued four lanes in front of the Cheongju-si G private street intersection at a rate of 0.078% from the upper eths of the road at the upper eths of the width.

In this case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front side and right side of the motor vehicle, accurately operating the steering gear and brakes, and maintaining the safety distance with the motor vehicle in front.

Nevertheless, the Defendant, while under the influence of alcohol, went through due to negligence while driving the victim H (Y, 32 years old) as it was, was shocked with the front fences of the Defendant’s vehicle after the 1st 2th cab of the two cargo vehicles.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to such occupational negligence, and at the same time, she owned the victim 2.

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