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(영문) 수원지방법원 성남지원 2020.05.08 2019고단3256
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

[Criminal Power] On April 28, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

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 a car in the field B;

On September 15, 2019, at around 12:29, the Defendant driven the spoke-type car with a blood alcohol concentration of 0.115%, and led the said spoke-type car to proceed from the spoke-distance side of the spoke-type in the Gyeonggi-si, Gwangju-si.

Since there is a three-way intersection where the red signal, etc. is operated and the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to thoroughly operate the front-time in accordance with the new code and to safely operate the motor vehicle in compliance with the car line.

Nevertheless, when the Defendant neglected to do so and driven along the center line at the above three-distance intersection and proceeded along the station, the Defendant was negligent in driving the e-frequency car of the victim D(40 years of age) which was driven along the normal lane from the lucul metropolitan viewing room to the normal direction, and received the side part behind the right side of the car in front of the right side of the car in the above lucul zone.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and, at the same time, escaped without any necessary measures, such as stopping the damaged vehicle, even though the damaged vehicle was damaged to have an amount equivalent to KRW 1,469,528 for repair costs.

2. The Defendant violated the Road Traffic Act, even though he had been able to violate the prohibition of drinking driving as above, shall borrow from the G Haju City in the vicinity of the G cafeteria F in Sungnam-si, Manam-si, as stated in paragraph 1.

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