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(영문) 인천지방법원 2021.02.03 2020고단10032
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and ten 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

1. On March 25, 201, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a crime of violating the Road Traffic Act.

On September 22, 2020, around 22:55, the Defendant driven a F rocketing car with a alcohol content of about 3km from the front road in Seo-gu Incheon, Incheon to the front road in the same Gu E in the same Gu, with a alcohol content of about 0.126%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant is a person who is engaged in driving a F rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), and violation of the Road Traffic Act

On September 12, 2020, the Defendant was under the influence of alcohol content of 0.126% during blood transfusions on September 22, 2020, and operated the said car as the front road located in Incheon Seo-gu, Seo-gu, Seo-gu, with the distance of Koreans from the high level of the road.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so the driver of the vehicle had a duty of care to live well on the front and left, and to safely operate the car line.

Nevertheless, the Defendant, while being unable to drive normally due to influence of drinking, such as a red color, neglected to do so, and proceeded along the center line in the opposite lane due to the negligence that led to the failure of the Defendant to drive normally, was driven by the victim G ( South, 21 years old) who driven by the Defendant of HOtoba, who driven by the Defendant, was driven by the front part of the said studa car.

As a result, the Defendant suffered from an in-house room where the period of treatment cannot be ascertained due to the above occupational negligence, and at the same time, necessary measures, such as aiding and abetting the injured party while destroying the above amount of KRW 2790,000.

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