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(영문) 춘천지방법원 원주지원 2020.02.05 2019고단1365
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

【Criminal Power】 On November 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business in the Daegu District Court’s Ansan Branch on April 25, 2017. On February 20, 2019, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. from the leisure branch of the Suwon District Court’s branch on February 20, 2019, and the said judgment became final and conclusive on June 22, 2019, and the execution of the sentence in the Suwon District Court’s main prison is during the execution of the sentence (scheduled to be terminated on June 8,

【Criminal Facts】

1. Around 21:20 on December 8, 2018, the Defendant driven a f-wing truck at a 1km section from the front of the road located in Singing City B to the front of the road located in the same city as the Defendant’s house, via the road in front of D in the same city, while under the influence of alcohol of 0.098%.

2. A person who is engaged in driving of the above cargo vehicle by the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

around 21:20 on December 8, 2018, the Defendant driven the above cargo while under the influence of alcohol, and led the front of the road D from G to the Steering Station.

Since there is a one-way traffic that indicates the prohibition of entry, the driver of the motor vehicle has a duty of care not to enter the motor vehicle into the one-way traffic route according to safety signs.

Nevertheless, the Defendant neglected to do so and was negligent in driving the above one-way traffic route while under the influence of alcohol, and the part on the left side of the victim H driving which was normally driven in the opposite direction of the Defendant’s cargo vehicle was taken into account as the part on the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to salt of the part, such as requiring medical treatment for about two weeks by occupational negligence as above, and at the same time, damaged the car owned by the victim by approximately KRW 1,700,000.

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