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(영문) 광주지방법원 순천지원 2021.01.14 2020고단1062
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

1. On March 9, 2020, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of 0.152% at a distance of about 50 meters from around the B market to the intersection of “D cafeteria” located in the same city as “D cafeteria” in the city from around 01:20 on March 9, 2020.

2. The Defendant is a person who is engaged in driving a motor vehicle with low risk driving, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Around 01:20 on March 9, 2020, the Defendant, while under the influence of alcohol, driven the said low-pollution vehicle, and entered the G market from the “F” side of the “D cafeteria” front of the D cafeteria located in C at a leisure time.

At the time, it was at night and there was a crosssection, so in such a case, the driver has the duty of care to prevent accidents by accurately manipulating the steering direction and brakes while driving the driver.

Nevertheless, the Defendant neglected this and went to the left side of the victim H(Y, 59 years old) driving while entering the intersection from the right side of the car driving direction of the Mad Co., Ltd. to the left side of the Mad Co., Ltd. by negligence of the Defendant driving while under influence of alcohol.

As a result, the Defendant driven the said low-speed vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and suffered from the injury of the said victim H, the victim J (58 years old), the passenger of the victimized vehicle, and the victim K (the remaining and 32 years old) for about two weeks of medical treatment.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (or after the accident), as described in the above 2.1 above, suffered an injury to the victims by obtaining a victim H-car, and at the same time, damaged the victim H-owned vehicle to be repaired in an amount equivalent to KRW 2,795,989.

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