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(영문) 창원지방법원거창지원 2020.09.02 2020고단128
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 October 19, 2017, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court for the violation of the Road Traffic Act.

【Criminal Facts】

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 B.

On May 15, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.118% around 06:08, while under the influence of alcohol, and led the Defendant to go through the opening of the said car from the boundary of the court in accordance with the two-lanes in front of the north-do death distance in the dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

The driver of a motor vehicle who intends to proceed to an intersection in which signal lights are installed, has a duty of care to safely drive the motor vehicle in accordance with the instructions given by the signal lights to prevent the accident by driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went through through the red flap road, and thereby opened the flap distance from the opening of the flap road to the left-hand turn to the left-hand turn at the flap of the flap of the victim C (the 65-year-old driver), who operated the flap vehicle of the victim C(the f5-year-old driver), was placed the back wheels of the flap of the flap vehicle of the above flap.

As a result, the Defendant suffered injury to the victim, such as salt and tensions, which requires treatment for about three weeks by occupational negligence as above, and at the same time, the repair cost of approximately KRW 1,862,00,000, was destroyed to the extent that the said car was damaged, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

2. The Defendant has the record of violating Article 44(2) of the Road Traffic Act as above.

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