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(영문) 창원지방법원밀양지원 2020.09.22 2020고단337
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

[criminal power] On July 30, 2007, the Defendant received a summary order of a fine of three million won from the Changwon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving a motor vehicle B.

1. Around 18:01 on June 30, 2020, the Defendant driven a Broper vehicle under the influence of alcohol level of about 2 km from the 2km section to the etel front road via the etel, via the etel, at the vicinity of the Dropic Partnership C, C, C, a flown at the speed of about 0.123%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Around 18:01 on June 30, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (U.S.) led the Defendant to drive the said vehicle and drive the said vehicle toward the north-west side from the west side where the new distance of the traffic located in the fast-sea at the right time.

Since there is a distance crossing where a signal is installed, in such a case, there was a duty of care to observe the signal for a person engaged in driving a motor vehicle and to safely drive the motor vehicle in good faith.

Nevertheless, the Defendant neglected this while under the influence of alcohol and went to the intersection as is, due to the negligence of entering the red signal into the intersection, and the victim F (F.R. 47 years old) who was driving on the left side from the right side of the direction of the Defendant’s running in accordance with the Marin new subparagraph, was shocked by the front part of the left side of the Austria 124C, driving by the Defendant.

At the same time, the Defendant suffered from an injury, such as salt ties and tensions, which require approximately two weeks of treatment by occupational negligence, to the victim, and at the same time, did not immediately stop and take necessary measures, such as providing relief to the victim, even though the Defendant destroyed and damaged the lebane in order to ensure that the repair cost is equivalent to KRW 395,00.

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