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(영문) 수원지방법원 성남지원 2020.04.07 2019고단2761
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. On May 24, 2012, the Defendant has been sentenced to a fine of seven million won for the violation of the Road Traffic Act at the Sung-nam Branch of Suwon District Court on May 24, 2012.

Nevertheless, on August 22, 2019, the Defendant, while under the influence of alcohol at 0.144% of blood alcohol concentration on August 22, 2019, committed a violation of the prohibition of drinking driving by driving an E Car at approximately 7.3km from the 7.3km section in front of the Dan-gu Seoul Metropolitan City, Sungnam-gu, Sungnam-si B “C cafeteria” on the road in front of the Dan-gu, Sungnam-si.

2. 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 E;

On August 22, 2019, at around 21:45, the Defendant driven the said vehicle while under the influence of alcohol of 0.14% 0.14%, and turned back to and from the two-lanes in front of the said store at the front side of the Dannam-si B’C cafeteria, Sungnam-si, the Defendant turned back at a speed of about 5 km/h to the road of the said one-lane.

Since the above road has a center line of yellow solid lines, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and accurately manipulating the steering and brake system without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected this, and she was faced with the victim H (the age of 43) who was faced by the victim F, who was set up at the edge of the opposite lane due to the negligence near the center line, and was faced by the Defendant’s vehicle behind the Defendant’s vehicle, she was faced with the front side of the Austria, which is the victim F., and was set up at the right side of the opposite lane.

Ultimately, the Defendant suffered injury to the victim H by occupational negligence, such as slots in need of approximately two weeks of medical treatment.

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