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(영문) 부산지방법원 2020.12.24 2020고단3802
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The Defendant is a person who is engaged in driving a K5-car.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (hereinafter referred to as the "Act") around 07:10 on August 4, 2020, the Defendant driven the said car while under the influence of alcohol level of 0.161% on blood alcohol level, and led the said car to proceed along a two-lane way in front of the name purification place located in Busan East-gu return to the Busan East-gu, along the return of 310(Sam-dong) from the boundary of the intersection.

In such cases, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle needs to take the right and the right and the right and the right and the right and the right and the right and the safe operation of the operation and prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, driven in a state of normal operation, such as red, unfolding, and rhhhhhhhying, caused the following side of the victim C(the 72-year-old) driving on the same lane as that of the Defendant, by negligence, to shock the front side of the victim C(the 72-year-old driver) driving on the same lane.

Ultimately, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, the Defendant, by negligence, sustained injury to the victim, such as salt pans and tensions in the part where the details of the arms elbow are obscure, which requires two-day medical treatment, and at the same time, attempted to stop the above urbine without taking necessary measures, such as providing rescue to the victim, even though the Defendant damaged the above urbbine to have an amount equivalent to KRW 1,400

2. On August 4, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said K5-lane with a blood alcohol concentration of 0.161% around August 4, 2020, while driving the said K5-lane, and driving the said K5-lane along the five-lane road in front of the F-lane E in Busan Jin-gu, Busan along the intersection direction from the intersection intersection.

In such cases, automobiles.

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