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(영문) 부산지방법원 2020.10.14 2020고단2753
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

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 May 2, 2019, the Defendant was issued a summary order of KRW 2 million by the Busan District Court due to a crime of violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (U.S.) on January 10, 2020, the Defendant driven a B-Detailed car under the influence of alcohol level of 0.140% on blood alcohol level on January 10, 2020, and turned off the four-lane road along the intersection in front of the D store located in Busan Jin-gu C, Busan, along the three-lane from the side of the Busan civic Park.

Since there is a passage through which traffic is frequent, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering devices, brakes, and other devices.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and neglecting it, went to the front part of the car by driving the victim E (the 59-year-old driver) driving for traffic signal at the right-hand side of the left-hand line.

As a result, the Defendant suffered injury to the victim, such as salt and tension, which requires treatment for about three weeks due to such occupational negligence, and at the same time, the said taxi was destroyed by the repair cost of approximately KRW 1,331,658, and went away from the site without taking necessary measures, such as immediately stopping the taxi to rescue the victim, etc.

2. On January 10, 2020, the Defendant, at around 06:27, operated a brea-car in the state of alcohol alcohol level of about 8 km from the front of Busan Shipping Daegu G to the front of the D store located in Busan Jin-gu, to the H apartment parking lot. The Defendant, at around 0.140%, driven a brea-car in the state of alcohol level of 0.140%.

Accordingly, the defendant violates the Road Traffic Act's prohibition of drinking.

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