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(영문) 수원지방법원안산지원 2020.08.27 2020고단2499
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. 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) are those engaged in the driving of B B B B B cargo, and around 19:20 on May 19, 2020, the Defendant driven the said cargo while under the influence of alcohol level of 0.158%, and driven the said cargo vehicle at a speed of about 50 km per hour from the high side of the high side of the road at the speed of about 50 km per hour in the speed of 19:20.

At the time, the Defendant was at night and was driven by the Victim C (V, 53 years old) at the front of the Defendant’s day, and the Done Starsch Rexroth was driven by the Victim C, so in such a case, there was a duty of care to prevent the accident from spreading, such as taking a front door well, accurately manipulating the steering and brake devices, etc.

Nevertheless, the Defendant neglected to drive the foregoing cargo vehicle while drinking alcohol, and did not accurately operate the brake system and did not properly operate it, and caused the following panion of the said Lone Star vehicle to the front panion of the Defendant vehicle.

As a result, the Defendant suffered injury to the said victim, such as salt and tension, which requires treatment for about two weeks by occupational negligence, and at the same time, the said Cost of repair of the said Cost of Cost of Lone Star Vehicles was destroyed to the extent of KRW 4,684,788, and escaped without immediately stopping and taking measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving the said B Poter in a section of approximately 5.7 km from an influoral area in Ansan-si, the upper limit of alcohol level of the light alcohol level of 0.158% under the influence of alcohol at the time specified in paragraph (1) of the same Article to the front day of Dong-gu, Dong-gu.

Summary of Evidence

1. The police's statement of the defendant C in his court statement is the main driver's statement, the circumstantial statement, and the drinking driving.

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