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(영문) 수원지방법원 2020.01.31 2019고단6483
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 26, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court’s Busan District Court’s Branch on November 26, 2009. On May 4, 2016, the Seoul Central District Court sentenced the Defendant to imprisonment with prison labor of KRW 1,50,000,000, and released on June 30, 2017 and completed the execution of the said sentence on November 3, 2017.

【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 engaged in driving motor vehicles BM3;

On July 24, 2019, at around 03:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.101% of alcohol concentration, and led the Samsung Tri-TG, which is located in Samsung Tri-gu’s medium unit, to proceed from C to Suwon Tri-gu’s medium unit.

At the time, the driver of a motor vehicle was at night and at the speed of 60km per hour, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by observing the speed limit, while accurately operating the steering system, steering gear, brake system, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected the speed of 20 km or more per hour and neglected the duty of 117 km or more per hour while driving at the speed of 117 km or above per hour. On the other hand, the back part of the victim D(the age of 43) driving car driven in the front direction of the Defendant’s running direction was received as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim D, such as salt fats, etc., requiring approximately two weeks of medical treatment, suffered injury to the victim F, a passenger of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the 742,952. The Defendant

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