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(영문) 수원지방법원 안산지원 2020.06.24 2020고단617
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 29, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on December 16, 2008, the summary order of KRW 2 million for the same crime from the subsidiary branch of the Incheon District Court on December 16, 2008, and on July 25, 2013, the summary order of KRW 5 million for a crime of violation of the Road Traffic Act was issued, respectively.

【Criminal Facts】

1. Around 01:00 on October 28, 2019, the Defendant driven a C rocketing car under the influence of alcohol by 0.140% in the section of about 2km from the 3km section to the front road of the same city from the shot-dong iron farming and fishing zone at the time of light lighting to the 0.140% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (unclaimed Measures after Accidents) led the Defendant to drive the said car at the time and place set forth in paragraph 1, and go through three-lanes of three-lanes from the surface of the remote distance for luminous viewing to the luminous distance.

At the time, it is night, and it was a three-lane road with frequent stopping of a taxi, etc., so there was a duty of care to prevent accidents by accurately manipulating the steering system and the steering system, and by accurately manipulating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party D(the age of 47) who was temporarily parked in order to get a customer on three-lanes due to the negligence of being negligent in driving, and received the part back to the left side of the Eststya taxi, which was driven by the Defendant, and then received the part above the right part of the vehicle operated by the Defendant.

As a result, the defendant needs to treat the above D for about two weeks, and suffered injury such as salt, tension, etc. in the upper part of the aggregate, and about two weeks to the victim F (the age of 64) who is the passenger of the above taxi.

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