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(영문) 수원지방법원 안산지원 2021.01.21 2020고단3475
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 12, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), on September 8, 2017, a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on the support of the Sugwon method, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on November 21, 2019. On November 21, 2019, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months for a crime of violating the Road Traffic Act (drinking driving) in the support of the Sugwon method.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person who is engaged in driving a body car B.

On June 20, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.151% during blood transfusion on June 20, 2020, while driving the said vehicle at the speed of 0.151%, and driven the road of one lane in front of the Gu of Ansan-si, Anasan-si, Anasan-si, at the direction of the movement box, at the speed of the movement park to the direction of the movement box.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle, such as taking the front, rear and left well, and accurately operating the steering gear.

Nevertheless, due to the negligence that the Defendant neglected to drive the foregoing vehicle while drinking, and did not walk back the vehicle, the Defendant was negligent in driving the vehicle at the rear of the Defendant’s vehicle, and the Franland owned by the victim E (mae.g., South and 48 years old) and was parked in the front part of the Defendant’s vehicle.

Ultimately, even though the Defendant suffered from the injury of the said victim and the said victim G (V, 36 years of age) who is a passenger of the said Lone Star Co., Ltd. due to the foregoing occupational negligence, the Defendant immediately stopped the said victim and escaped without taking measures, such as aiding the victims, even though he/she did not take measures, such as making a stop.

2. On June 20, 2020, the Defendant for a violation of the Road Traffic Act, and a violation of the Road Traffic Act (non-licenseed driving).

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