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(영문) 의정부지방법원 2020.06.29 2020고단1044
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 3, 2008, the defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Jung-gu District Court on November 3, 2008, and on January 8, 2020, the defendant filed a petition with the Jung-gu District Court for a summary order of KRW 12 million for the crime of violating the Road Traffic Act. On March 18, 2020, the above court issued a summary order of KRW 12 million.

On January 8, 2020, a summary order of KRW 12 million issued by the Jung-gu District Court on March 18, 2020, which was the date the case for which a summary order was requested as of January 8, 2020 among the past records of the violation of the Road Traffic Act as stated in the indictment, was issued and finalized, and even if added, it would not cause substantial disadvantage to the defendant's exercise of his right of defense. Thus, the summary order shall be corrected.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving of B-learning automobiles.

On January 30, 2020, the Defendant driven the said car at around 22:05, and led the Defendant to drive the said car in the direction C in the direction of the first public parking lot, a one-lane road, adjacent to the 144-lane Seoul Metropolitan Mancheon-do Seoul Metropolitan Area.

At the time, since it is night and is a three-distance intersection, there was a duty of care to prevent accidents by making the front door and the right and the right and the right and the right, and by accurately keeping the steering direction and the brake system.

Nevertheless, the Defendant neglected this, while driving a vehicle while under the influence of 0.159% of blood alcohol level, and due to the negligence of driving the vehicle at the influence of 0.159%, received the victim D (the age of 69) E-tax panion in order to turn off the vehicle from the front side of the driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. by occupational negligence for about two weeks, and at the same time, damaged KRW 503,293 of repair expenses to rescue the victim.

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