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(영문) 대전지방법원서산지원 2020.10.28 2020고단803
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the Hongsung Branch of the Daejeon District Court on June 29, 2009, respectively.

1. Around 23:30 on May 11, 2020, the Defendant driven a ewing-III truck from the front side of Seosan-si B in the state of alcohol alcohol concentration of 0.158%, from the front side of the road to the Seosan-si D Apartment Underground Parking Lot.

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

2. The defendant is a person engaged in driving freight cars as stated in the preceding paragraph of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

The Defendant, while under the influence of alcohol concentration of 0.158% as of the date and time stated in the preceding paragraph, driven the above cargo vehicle with the alcohol concentration of 0.158% and driven the front road of Seosan City along the two-lanes in the direction of the square in the direction of the square.

At the time, there was a flow of the front door door door door door door door door door door door door door, and there was a duty of care to prevent accidents by reducing speed and accurately manipulating the front door door door, and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding as they were, and the Defendant was under the influence of the Defendant’s driving of the Victim G (S.) while waiting in the front of the signal at the front of the day, and the part of the Defendant’s driving behind the vehicle in the front of the freight vehicle.

As a result, the Defendant suffered injury to the victim, such as brain dead with no one open for about three weeks of medical treatment due to the above occupational negligence, and at the same time, destroyed the victim’s car to have an amount equivalent to KRW 2,590,489, and stopped immediately.

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