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(영문) 대전지방법원 천안지원 2018.11.23 2018고단1939
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) by the Suwon District Court on November 28, 2008. On May 17, 2011, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving).

The defendant is a person who is engaged in driving a BM5 car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domain sentence) and a violation of the Road Traffic Act (after an accident) were driven on July 2, 2018 by the Defendant while under the influence of alcohol of 0.213% during blood transfusion on July 17:30, 2018, while driving the said vehicle at a speed of 0.213%, in the south-gu Seoul Special Metropolitan City, along the two lanes, “D” in the south-gu Seoul Special Metropolitan City, along the speed of the one lane from the direction of the luminous area to the Madminton Sports Center at a speed of speed.

At the time, other vehicles are driving on the left and right side of the defendant, so in such a case, prior to changing the lane, the driver of the motor vehicle had a duty of care to properly operate the motor vehicle driving on the left and right side and right side, and to safely change the lane and prevent the accident from spreading.

Nevertheless, the Defendant, while under the influence of alcohol as seen above, was negligent in changing the course as it was, and the part of the Defendant’s driver’s seat of the victim E (Woo 34 years old) driving that was proceeding in the two-lanes of the same direction was committed in front of the left-hand part of the said vehicle.

As a result, the Defendant got a victim on the so-called so-called so-called so-called “surged car” in the above occupational negligence to receive approximately two weeks of light surgical salt, tension, etc., and at the same time, did not take necessary measures such as immediately stopping and aiding the damaged person, even though he damages the said A-to-surged car to be in excess of KRW 720,476 of repairing expenses, such as darging fish, etc.

2. The accused is in violation of the Traffic Act on Roads;

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