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(영문) 수원지방법원안양지원 2020.09.16 2019고단2178
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for 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

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 who are engaged in driving motor vehicles B;

On May 11, 2019, at around 20:15, the Defendant was under the influence of alcohol with a blood alcohol level of 0.168%, and the Defendant was driving the said rocketing car, and was moving back to the direction of the direction of the intersection in the original intersection of the Hab Station in the direction of the road in front of the Haba Sinpo-si.

In such cases, there was a duty of care to prevent accidents in advance by making an assistant to a person engaged in driving a motor vehicle and checking the safety of the rear or the rear according to the leading signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and stopped at the rear of the said rocketing car, brought the left side of the GMW car driven by the victim F (I, 38 years old) who stopped at the rear of the said rocketing car, into the rear side of the said rocketing car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the said BMW car and escaped without taking necessary measures despite destroying the repair cost of KRW 915,540.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a vehicle with B rocketing rental car.

No owner of a motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles.

Nevertheless, the Defendant operated the said rocketing car on April 5, 2019 at the same date and place as stated in Paragraph 1.

3. On May 11, 2019, the Defendant violated the Road Traffic Act ( sound driving) at around 20:15, the Defendant is under the influence of alcohol at approximately 100 meters away from a section of approximately 100 meters, before the police box located in C, located in the I cafeteria located in Mapo-si, Mapo-si, to the road before the police box located in C, and at least 0.168% of alcohol level.

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