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(영문) 청주지방법원 2020.09.17 2020고단646
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

On July 5, 2018, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on March 28, 2019, the Defendant received a summary order of KRW 2.5 million from the Cheongju District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act.

1. The defendant is a person who is engaged in driving a Brane car in violation of the Aggravated Punishment, etc. of Specific Crimes;

On December 5, 2019, around 00:01, the Defendant, while under the influence of alcohol level of 0.056%, was driving the said vehicle with the driver’s license, was driving the said vehicle into the intersection of the intersection from the surface of the pentsan-gu, Cheongju-si.

At the time, the victim D(the age of 57) was at night, and at the front of the road, sent a hand signal to regulate traffic by means of the asphalt construction, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and caused the victim to breath part of the front part of the Defendant’s driver’s car by neglecting the center line.

In the end, the Defendant, through the occupational negligence above, sustained injury on the cryp of the left-hand cryp copy which requires about 10 weeks medical treatment to the victim, but did not immediately stop and take necessary measures, such as aiding the victim, and escaped from the site.

2. On December 5, 201, the Defendant violated the Road Traffic Act (F) and the Road Traffic Act (F) and the Guarantee of Automobile Accident Compensation Act (F) on December 5, 201, the Defendant was under the influence of alcohol at approximately 300 meters from the front of the restaurant located in the Heung-gu Seoul Metropolitan City E to the front of the Cheongju-gu, Cheongju-si, while under the influence of alcohol at least 0.056% in the section of about 300 meters, without obtaining a driver’s license, and was not covered by mandatory insurance.

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