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(영문) 수원지방법원 성남지원 2018.05.10 2018고단516
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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 vehicle B in any manner that violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”)

On January 13, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.164% among blood transfusions on January 13, 2018, and led to the driving of the said car in front of the filling station C in the Nowon-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City along the direction of the master shooting distance along the opposite one lane and two lanes in the direction of the yellow market.

At night, a person engaged in driving of a motor vehicle is at night, and a person engaged in driving a motor vehicle has a duty of care to see the right on the front side, to accurately operate steering devices, brakes and other devices, and to not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic situation and the structure and performance of the motor vehicle

Nevertheless, the Defendant neglected this and went ahead in the opposite line under the influence of alcohol, and took the central separation line and took the same direction into normal lanes, and received the part behind the left side of the passenger car driven by the victim E(23) who was driving in the same direction as the victim E(23).

The Defendant continued to proceed in the middle-class youth training hall, and continued to go through the middle-class youth training hall, and was driven by the victim G (25) who was in the signal atmosphere at the first-lane, and followed H rocketing car, and received the part of the Defendant’s vehicle as the front part of the passenger vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the central separation unit owned by the Sungnam-si, for the repair cost of KRW 1,296,280, and inflicted injury on the victim E, which requires approximately two weeks of medical treatment, and even if the victim E suffered from the injury of the climatic salt, etc. requiring approximately two weeks of medical treatment, it is necessary to immediately stop and rescue the victims.

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