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(영문) 수원지방법원 안산지원 2017.11.30 2017고단2840
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).

On May 7, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.107% from blood transfusion around 02:10 on May 7, 2017, and proceeded with the median line from the high-distance gate of the road in front of the Incheon Southern-gu, Incheon, to the view of stimulhion.

At the same time, there is a central line, so in such a case, the driver of the motor vehicle has a duty of care to protect the vehicle line well and safely drive the motor vehicle, and to accurately manipulate the front line and the right and the right and the right and the right and the right of the motor vehicle, and to safely return to the normal lane and prevent the accident.

Nevertheless, the Defendant neglected this and led the Defendant to drive a motor vehicle beyond the median line while returning it to the normal lane, and due to the negligence of driving the two lanes beyond the center line and up to the two lanes of the normal lane, and led the victim D(26 ) driving the two lanes in the right side of the motor vehicle driving by the Defendant, the front side of the motor vehicle driving by the victim D(26 ).

Ultimately, the Defendant caused the injury to the victim D, such as salt, tensions, etc. in need of the treatment for about three weeks by occupational negligence, and the injury to the victim F (26 o) who is the passenger of the franchise car, in need of the treatment for about three weeks. In addition, the Defendant destroyed the franchise car to the extent that the 866,418 won is equivalent to the 86,418 won of the repair cost, and escaped without taking necessary measures such as providing relief to the injured party by stopping at the site immediately.

2. On the same date as paragraph 1, the Defendant violated the Road Traffic Act (drinking driving) shall be approximately 44 km from the roads front of the government station of the city of Speaker to the roads front of the Nam-gu Incheon Metropolitan City 80 km-ro.

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