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(영문) 수원지방법원 2020.11.27 2020고단3520
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 August 26, 201, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on September 20, 2017, a summary order of KRW 7 million was issued in the same court as the same crime.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving of BSP car;

On April 14, 2020, at around 21:50, the Defendant driven the said car with a blood alcohol concentration of 0.134%, and led the Defendant to make a right-hand turn off from the water bank to C at the water level, with a view to driving the said car at the rate of 0.134%.

In such cases, the driver of a motor vehicle has a duty of care to live the front door well, accurately operate the steering and brake system, and to prevent accidents in advance by safely driving the motor vehicle.

Nevertheless, due to influence of drinking, the Defendant was negligent by failing to accurately operate the steering gear and sponsing the steering gear at the top of the meeting, which led to the failure of the steering gear at the top of the meeting. The Defendant received the back door of the victim D (54 years old)'s E-car driving driven by the Suwon TG from the chump to the left side of the driver's vehicle above.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injuries, such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the said low-priced car to come in KRW 1,284,348, and escaped without taking necessary measures, such as providing relief to the victim, while immediately stopping it.

2. The Defendant violates the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act shall be bound to the mandatory insurance under the influence of alcohol by 0.134% in the section of about 8km from the restaurant front of the restaurant located in the Dongcheon-dong and below the dong-dong of the temporary border-si, to the 51st day of the same city-Yung-gu New Gung-ro.

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