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(영문) 의정부지방법원 2019.11.26 2019고단2714
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 December 21, 2015, the Defendant issued a summary order of KRW 6 million at the Jung-gu District Court on December 21, 2015, by a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the same court on November 25, 2014.

【Criminal Facts】

1. On March 23, 2019, at around 19:53, the Defendant: (a) drive a vehicle under the influence of alcohol of about 4km section from the C restaurant parking lot adjacent to C to the apartment house adjacent to D at the same time from around 0.161% of alcohol concentration; (b) around 23:27 on the same day, the Defendant driven the same vehicle under the influence of alcohol of about 2.5 meters from the 4km section adjacent to the apartment house adjacent to the above multi-family house to the 0.145% alcohol concentration at the same time.

As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. 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 motor vehicles Ei30.

On March 23, 2019, the Defendant driven the said car on March 19:53, 2019, and moved bypass the intersection between G apartment and H apartment at the southyang city along the two-lanes between G apartment and H apartment at the entrance of the I Hospital.

On the right side of the road in advance, the injured party J (n, 53 years old) had a duty of care to safely operate the steering and operation of the steering and steering gear by accurately manipulating the steering and steering gear behind the vehicle while driving along the right side of the road in advance.

Nevertheless, the defendant neglected to do so under the influence of alcohol and tried to pass ahead to the left side of the vehicle that the victim drives.

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