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(영문) 대전지방법원 천안지원 2019.03.29 2018고단3099
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2012, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on June 26, 2015.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and Violation of the Road Traffic Act (Measures Taken after Accidents) are under the influence of the Defendant on November 27, 2018, around 00:15, while driving BK5 automobiles, the Defendant driven BK to the intersection of the straight mountain distance in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, the straight speed came from the intersection to the etern of Sung-do.

At this intersection, the driver of the motor vehicle has the duty of care to check whether there is a motor vehicle passing through the intersection by checking well the front side of the motor vehicle and to prevent the accident by driving safely according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to use the vehicle in violation of the signal and escaped without immediately stopping the vehicle in excess of the repair cost of KRW 1,752,906 to rescue the victim or to confirm damage damage by immediately stopping the vehicle on the right side of the victim C's horse lap, which was bypassing the right side of the vehicle in the above K5 vehicle on the right side of the above K5 vehicle. The Defendant, upon receiving the victim C from the right side of the above K5 vehicle, did not take any measure such as rescueing the victim or checking damage.

2. Although the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, he/she is under the influence of alcohol by 00:15, Nov. 27, 2018 with a blood alcohol concentration of 0.163%.

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