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(영문) 서울남부지방법원 2021.02.18 2020고단4918
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on October 22, 2018.

【Criminal Fact-finding on June 25, 2020, the Defendant driven D-low-income vehicle under the influence of alcohol content of about 3 km from the 3km section to the front of the trade influence in Geumju-si, Geumju-si, Geumju-si, to the front road located in Jeonju-si B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice.

2. On June 25, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes" and the Act on Traffic of Roads (hereinafter referred to as the "Act") led the Defendant to drive the said vehicle while under the influence of alcohol on June 13:10 on June 25, 2020 and drive the two lanes of two lanes in front C at the time of strike from the gold village to the E-section.

At the same time, the Defendant had an intersection at the front of the vehicle, and at the same time, the Defendant had a duty of care to prevent accidents by securing a sufficient safety distance to avoid the event that a person engaged in driving a motor vehicle well sees the front side while driving the motor vehicle, while maintaining a sufficient safety distance to avoid accidents when the preceding vehicle stops or stops.

Nevertheless, the Defendant neglected this and failed to avoid the damaged vehicle to make a right-hand by negligence without securing a sufficient safety distance, and received the back part of the damaged vehicle with the front part of the vehicle.

Ultimately, the Defendant suffered from an injury to the victim F due to the foregoing occupational negligence by causing approximately two weeks to the victim F, and the victim H (V) who boarded the damaged vehicle for about two weeks. Around two weeks’ medical treatment is provided to the victim H (V) who boarded the damaged vehicle.

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