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(영문) 대전지방법원 서산지원 2019.07.25 2019고단137
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On March 25, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on May 2, 2008, the Defendant issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 2, 2008, and on December 1, 2008, the Defendant was issued a summary order of KRW 2 million by the Jung-gu District Court on December 1, 2008.

【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 of rocketing vehicles;

On December 12, 2018, the Defendant, while under the influence of alcohol at 0.171% of blood alcohol level on December 22, 2018, driven the above vehicle in front of the Drogian road in Jinjin C, and proceeded in the direction of E apartment from the lugal basin of Songsan.

At night, there are no street lights at the time, so it is very difficult for a person engaged in driving of a motor vehicle to drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents by reducing speed and accurately manipulating the brakes and steering gear by accurately manipulating the operation of the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded in the opposite part by negligence while neglecting it, and was waiting on the way to report the vehicle of the Defendant, and the CA110 motorcycle for driving the victim F (22 years old) who was waiting on the way to stop on the road was shocked by the driver in front of the driver's seat of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of treatment for about two weeks due to occupational negligence as above, and at the same time, damages the above unregistered motorcycles to take 630,000 won for repairing expenses and immediately stops to rescue the victim.

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