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(영문) 의정부지방법원 고양지원 2019.10.25 2019고단2469
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 (Aggravated Injury) and the Road Traffic Act (Aggravated Punishment, etc.) are the Defendant engaged in driving of the Grandroth vehicle B.

At around 23:00 on May 4, 2019, the Defendant, without a driver’s license, was under the influence of 0.151% of blood alcohol concentration, proceeded with D in front of a restaurant near C at the time of sowing and driving at the time of sowing, and continued to run a drinking measuring instrument that is presented by the police officer under the influence of alcohol at the same time. The Defendant was under the demand of the above police officer to stop the vehicle of the above police officer who was under the influence of alcohol by the vehicle patrol while driving the vehicle of the above police officer while driving the vehicle at a speed from D to F. In order to overtake the vehicle of the victim G (24 years old) driving, the Defendant proceeded with the central line in order to overtake the vehicle of the victim G (the 24 years old).

At the time, there is a one-lane in which the center line of the yellow real line is installed at night and at that time, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle while using the road on the right side of the central line.

Nevertheless, the Defendant neglected this and got the front portion of the left-hand side of the fright-hand side of the fright-handed vehicle while driving the central line while under the influence of alcohol without a driver’s license, in order to overtake the fright-hand vehicle.

As a result, the Defendant caused the injury to the victim G by such occupational negligence, which requires approximately two weeks of medical treatment, and requires approximately two weeks of medical treatment to the victim I (the age of 25) who was on board the frighting vehicle.

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