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(영문) 대전지방법원천안지원 2020.10.21 2020고단2170
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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 (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles B;

Around 00:00 on July 2, 2020, the Defendant, while under the influence of alcohol with 0.15% of blood alcohol concentration, was driving the three-lane road in front of the Yannam-gu, Chungcheongnam-gu, Incheon Metropolitan City into the direction of E elementary school, depending on one-lane, and changed the course into three-lane in order to circumvent the course.

At the time, the defendant was at night and the defendant was in office, so in such cases, the driver has the duty of care to leave the direction, etc. to the person engaged in driving service and give notice of the change of the lane and not to obstruct the progress of other vehicles normally proceeding in the lane.

The defendant neglected this and changed the lane as it is, and the victim F (the age of 61) who was driven by the by the bypassing lane, brought the front part of the taxi on the left side of the taxi to the right side of the defendant's vehicle.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim F and the victim H (23 years old), who is the passenger of the victimized taxi, to suffer injury to the salt, tension, etc. of the light that requires medical treatment for about two weeks, and at the same time, did not immediately stop a taxi owned by the victim F, while destroying and damaging the repair cost of KRW 1,507,288, and fled without taking necessary measures, such as providing relief to the victim.

2. On December 4, 2017, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, from the Daejeon District Court’s Branch of Incheon District Court on December 4, 2017.

Around 00:00 on July 2, 2020, the Defendant driven a B-hand car at a section of about 5 km from the Cheongdong-gu, Seoan-gu to the Yanan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Incheon-si, with a alcohol content of 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1.F.

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