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(영문) 수원지방법원 2021.01.28 2020고단6668
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 February 13, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Suwon Friwon.

[Criminal facts] The Defendant is a person who is engaged in driving a car of Category C Lastren.

On July 29, 2020, the Defendant driven the above vehicle while under the influence of alcohol level of 0.097% from blood transfusion around 23:00, and led to the front of Pyeongtaek-si D's roads to the front of the Boo-si from the shooting distance room of the non-permanent apartment.

In this case, a person engaged in driving of a motor vehicle has a duty of care to operate a direction direction when changing the lane and give prior notice of change of course, and to change the lane safely in order to ensure the safe flow of traffic at the right and the right and right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the two lanes from the two lanes to the three-lanes, and the Defendant was found to have taken the left-hand side of the victim B (the South, the 28-year-old driver)’s vehicle E at the end-off side, followed by the pent part of the said pent part in the right-hand side of the rocketing car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the above victim and the victim F (the remaining, 28 years old) who is his passenger, including salt, tensions, etc. in need of treatment for about two weeks, and at the same time, destroyed the said horse-based car to be repaired in an amount equivalent to KRW 1,175,90, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Each written diagnosis;

1. Written estimate;

1. A report on the actual condition of a driver, a report on the situation of the driver in charge, a report on the investigation (report on the situation of the driver in charge), a report on the results of regulating the driving of drinking, data on accident investigation, photograph of the damaged vehicle, a photograph of the head of the vehicle in question, and a report

1. A previous conviction: A written reply to inquiry, such as criminal history, and a summary order [the defendant has obtained a clear statement on the date of the accident];

It was thought that it was shocked, and that it was not known.

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