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(영문) 청주지방법원 2020.11.19 2020고단1673
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

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 at B.

On May 20, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.121% at around 17:55 on May 20, 2020, and led the two-lane road in front of the Jincheon-gun, Chungcheongnamcheon-gun, the two-lane road in front of the Jincheon-gun, Jincheon-gun, along the coal-intersection.

At the same time, the E-Korean cruise car driven by the victim D (n, 29 years of age) was in progress. In such a case, the driver of the vehicle had a duty of care to take into account the traffic situation, such as the front line and the right line, and to prevent the accident by accurately manipulating the operation of the system and the steering gear.

Nevertheless, the Defendant neglected this and attempted to enter the cruise car into a single-lane to pass over the cruise car, and caused the left side part of the Defendant’s vehicle to shock the right side of the cruise car, and caused the collision between the cruise car and the centralized separation zone.

Ultimately, the Defendant, through such occupational negligence as above, suffered injury to the victim, such as T9 and T10 parts, which require approximately eight weeks of treatment, and at the same time, did not immediately stop a cruise car and escape without taking necessary measures, such as providing relief to the victim, even though it damages the amount equivalent to KRW 16,397,008 of the repair cost.

2. Around 17:55 on May 20, 2020, the Defendant driven a Bbenz car at a section of about 7.6km from the road in front of the FF market in Jincheon-gun to the Defendant’s residence in Jincheon-gun, Jincheon-gun, while under the influence of alcohol by 0.121%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against the suspect suspect D by the prosecution;

1. Driving under the influence of alcohol;

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