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(영문) 청주지방법원 제천지원 2020.05.21 2020고단63
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is a person who is engaged in driving motor vehicles B and B.

1. On December 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) driven the said vehicle at a 0.145% alcohol concentration while under the influence of alcohol around 18:21 on December 13, 2019, and led the two-lane road near the D Rest at the 249 K Branch D Rest in Chungcheongnamyang-gun, Chungcheongnam-gun.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a condition that it is difficult to drive a motor vehicle normally due to influence of drinking, and since it is an expressway with a central line, there was a duty of care to drive a motor vehicle along the lane.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving in the opposite lane and received the front part of the left side of the said vehicle driving by the Defendant, which was driven by the victim E (the age of 51) who was driving in the opposite lane.

After all, the Defendant, by the above occupational negligence, sustained injury, such as the number of days of treatment, influence, tension, etc., from the victim E and the Dong of the above damaged vehicle (the age of 51), and escaped without immediately stopping and taking necessary measures.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) continued to exist at a point of 18:34 K where the victim H(the age of 61) is driving on the opposite lane, without stopping the accident at the time and place specified in Paragraph (1) above, and 7 km away from the above point of 18:34 on the same day, and the victim H(the age of 61) was driving on the left side of the said vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, sustained injuries, such as salt, tension, etc. by driving the motor vehicle for about two weeks.

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