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(영문) 수원지방법원 평택지원 2019.05.22 2018고단2141
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal power] On May 1, 2017, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court on the site of Pyeongtaek, and a fine of KRW 3,50,000 from the Suwon District Court on July 25, 2018 to a fine of KRW 3,50,000 for a violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving service of Category B car;

On November 8, 2018, at around 21:35, the Defendant driven the said car while under the influence of alcohol with 0.146% of alcohol concentration, and led to the driving of the said car on the road near the 346 playground shooting distance in Osan-si, the Defendant driven the said car into the water source from the horizontal bank.

At the time, since it was night and there were other vehicles in front, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes while keeping the safety distance with the vehicle in front.

The Defendant, while under the influence of alcohol, was driven by the victim C(the age of 30) who was under way in the front bank by negligence while neglecting this, received the part behind the Defendant’s vehicle in front of the vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of treatment, such as salt ties and tensions, gal ppuris accompanied by a new ppuri certificate, and other congrative signboards. At the same time, even if the Defendant damaged the victim’s flaging car to be in an amount equivalent to KRW 356,970, the Defendant left the said vehicle without immediately stopping necessary measures, such as aiding the victim or removing obstacles to traffic.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving a BL car.

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