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(영문) 수원지방법원 안양지원 2017.05.10 2017고단291
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On August 19, 2009, the Defendant was sentenced to a fine of KRW 2.5 million by means of a violation of road traffic law (measures after an accident) and a violation of road traffic law (driving), etc. on August 19, 2009. On October 4, 2012, the Defendant was issued a summary order of KRW 1.5 million by means of a violation of road traffic law (driving of alcohol) in the support for the delivery of a water source method.

[Criminal facts]

1. On December 28, 2016, under the influence of alcohol content 0.081% in blood around 03:00, the Defendant driven Bho-do car over about 20km in the vicinity of the free park street near the city of Ansan-si and the road near the Dong in Ansan-si during the same day from the same day to the roads near the city of Ansan-si during the same day.

2. On the same day as indicated in the above paragraph 1, Defendant 1 driving a vehicle as indicated in the above paragraph 1 at around 03:23 on the same day, while under the influence of alcohol as indicated in the above paragraph 1, and driving the vehicle at a five-lane speed in front of the shooting distance in the free park as described in the above paragraph 1, and driving the vehicle at a 30km speed in the direction of the new distance.

Since there is a section of an intersection where signal, etc. is installed, there was a duty of care to prevent accidents in advance by accurately operating the steering and steering the steering system and operating the steering system in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left in a straight line in violation of the signal, received the part of the victim C(48 Systal-wing) driving of the victim C(48 Systal-wing) who was proceeding in line with the signals from the two-lanes, on the side of the driver’s seat of the Defendant’s vehicle.

Defendant 1 caused injury to the victim C, such as catum salt in need of approximately three weeks’ treatment due to such occupational negligence, to the victim E (e.g., 52 years of age) who was on board the said taxi.

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