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(영문) 수원지방법원 2019.05.30 2019고단1004
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:20 on December 15, 2018, the Defendant driven a Fpoter truck under the influence of alcohol leveling 0.083% of blood alcohol level at approximately 4.2km from a Do adjacent to C elementary school located in Young-si B, Suwon-si, to the front road located in D in the Suwon-si, Suwon-si Station D.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) provided that the Defendant, while under the influence of alcohol, driven the above brea truck and entered the intersection of the diver distance from the flow of the diver road at a non-speed speed from the flow of the 2-lanes between the flow of the diver and the flow of the Road Traffic Act.

At the time, there are other vehicles trying to enter the intersection in addition to the cross-section truck in which signal apparatus is installed, so there was a duty of care for those engaged in driving motor vehicles to observe the intersection and drive the motor vehicle safely by making their attitudes well.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not discover the H-wing and the left-hand motor vehicle of the victim G (the age of 61) who enters the said intersection in the same lane and did not find the two-lanes, and received the left-hand part of the said wing-down and the left-hand part of the said wing-down and the right-hand part of the motor vehicle.

Ultimately, the Defendant caused the injury to the victim G by negligence in the course of performing the above duties to the victim 10-day medical treatment, and the victim I (the age of 58) who was aboard the above wing truck, suffered from the injury of the crypitis, etc. requiring medical treatment for about 10 days, and at the same time, escaped without taking necessary measures, such as destroying the said wing truck to repair cost of KRW 679,831, while stopping the said truck.

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