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(영문) 의정부지방법원고양지원 2020.10.28 2020고단2230
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2016, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine of KRW 5 million and KRW 2 million from the Sungnam Branch on May 7, 2019 to the same crime.

The defendant is a person who is engaged in driving a B knife vehicle.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and a violation of the Road Traffic Act (Measures Taken after Accidents) were under the influence of alcohol by the Defendant on July 20, 2020 and around 0.065% of blood alcohol concentration, the Defendant was under the influence of alcohol level 0.065% on July 9, 202, and the five-lane roads in front of the D Middle School in Seoyang-gu, Seoyang-gu C were under the influence of alcohol

At night, there is a duty of care to prevent accidents in advance by thoroughly keeping the front-time situation to the person engaged in the driving of motor vehicles.

Nevertheless, under the influence of alcohol, the Defendant did not see the boundary stone set up in the five-lane bank, and shocked it, and proceeded to the left side to avoid it, and then, the F Sp-ray of the Victim E-Motor Vehicle, which was proceeding on the same road, was driven by the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., requiring treatment for about two weeks, and, at the same time, immediately stopped the victim’s vehicle so as to damage the repair cost of KRW 2,648,558, and escaped without taking necessary measures to rescue the victim and facilitate the prevention of danger on the road.

2. On July 9, 2020, the Defendant violated the Road Traffic Act (driving) from around 20:10 to around 20:35 of the same day, the Defendant is under the influence of alcohol of approximately 20km from the front of the Gangseo-gu Seoul Metropolitan Government Mambro to the front of the D secondary school located in Seoyang-gu Seoul Metropolitan City C, Seoyang-gu, Seoyang-gu. The Defendant is under the influence of alcohol concentration of approximately 0.065%.

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