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(영문) 수원지방법원 성남지원 2019.05.21 2019고단166
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

Criminal facts

Some of the facts charged were corrected.

1. A person who is engaged in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a violation of the Road Traffic Act;

On October 27, 2018, the Defendant driven the said car with a blood alcohol level of 0.166% around 16:10, and passed through the Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant proceeded along the two-lane road of 275km away from the lower bank to the Daejeon bank, along the two-lane.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of changing course, and has the duty of care to give prior notice of change of course and to prevent accidents by driving the direction, etc. in advance, keeping the traffic situation in the direction, and safely driving the motor vehicle in advance.

Nevertheless, under the influence of alcohol, the Defendant is negligent in neglecting this, and the Defendant is proceeding two lanes from the front side of the Defendant’s vehicle by negligence.

When the victim C (the age of 37) suspended, the driver behind the DNA-learning car driven by the victim C (the age of 37) takes the driver as the front part of the defendant's vehicle, the 1 km is proceeding without leaving the vehicle.

도로 우측에 설치된 가드레일을 충격하고 2차로로 튕기면서 피해자 E(47세)이 운전하는 F 토스카 승용차의 우측 뒷부분을 피고인 차량의 좌측 앞부분으로 들이받아 충격하였다.

Ultimately, the Defendant driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim C, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, approximately KRW 479,668 of repairing cost.

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