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(영문) 수원지방법원 2020.10.22 2020고단5139
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those engaged in driving service of BK5 automobiles;

On April 15, 2020, the Defendant driven the said car while under the influence of alcohol of 0.114% of blood alcohol level on April 15, 2020, and driven the said car at a speed of speed in the speed of Si/Si/Eup/Myeon, along the three-lane road in front of Suwon-si, Suwon-si C, the head of the Si/Gun/Gu, along one-lane toward the Gu movement from the front underground streets.

At the time, there are nights and other vehicles that are going on the front door, so in such a case, there was a duty of care to prevent accidents in advance by securing safety distance for those engaged in driving service, keeping the front door and the left door well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and neglected to change the course into the two-lanes in the vicinity of the front vehicle, thereby leading the victim D (Nam, 22 years old) driving in front of the direction of the Defendant’s proceeding, and received the part behind the right side of the Defendant’s driving car and the part behind the left side of the Defendant’s driving car.

Ultimately, the Defendant, by occupational negligence as above, sustained injury to the above victims and the victim F (the age 22) who was on board the franchising car, such as franchising salt, tensions, etc. requiring approximately two weeks medical treatment, and at the same time, destroyed the said franchising car by causing approximately KRW 1,561,00 to go away without taking necessary measures, such as stopping the said franchising car to rescue the victims.

2. The Defendant violated the Road Traffic Act (driving) driving a free-to-land under the influence of alcohol with a blood alcohol concentration of about 0.114% at the section of about 1.4 km from the front of the Suwon-si G in Suwon-si to the front of the same Gu from the date and time border under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. D. D.

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