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(영문) 대전지방법원 천안지원 2021.01.25 2020고단2896
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 crime] On March 4, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (dacting driving) in the Daejeon District Court’s Support for Incheon District Court.

[Criminal facts]

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the Aggravated Punishment, etc. of Specific Crimes") is a person engaging in driving a rocketing car.

On July 31, 2020, the Defendant driven the above car at around 09:45, and turned to the left at a speed below the speed, depending on the left turn turn turn turn at the speed of the F elementary school direction from the apartment room of E apartment.

At the right edge of the road in the direction of the intersection, there was a victim G (n, 60 years old) at the right edge of the road in the direction of the intersection, so in such a case, a person engaged in driving service shall go slowly along the center line of the road in advance and turn left at the center inside and outside of the intersection, and there is a duty of care to safely proceed with the situation of the front and right side traffic.

Nevertheless, the Defendant neglected this, while under the influence of alcohol content 0.223% in blood, and operated the said rocketing car with the same alcohol level, and caused the victim who was at the edge of the left-hand turn to the left outside of the intersection due to the negligence of left-hand turn, to go beyond the road.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures, such as aiding the damaged person, even though he suffered injury, such as cutting the frame, etc. of the outer side which requires approximately eight weeks of medical treatment, etc.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a vehicle for blood string B string in the state of alcohol alcohol concentration of about 500 meters from the section of approximately 500 meters to the front road of the F elementary school located in H via the D cafeteria from the front of the D cafeteria in the Asia-si of the above day.

Accordingly, the defendant is prohibited from driving alcohol.

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