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(영문) 수원지방법원 2020.10.16 2020고단4645
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are engaged in driving motor vehicles at B.

On May 26, 2020, the Defendant driven the said car at a speed of 0.047% with blood alcohol level of 0.047% on May 26, 2020, and driven it at a speed of 6-lanes in front of the D Bank located in Ethical C at a speed of two lanes from the ethrade of the ethic air basin to the ethic air.

At the time, it is night and the lane that the defendant driven by the left is the exclusive lane for left-hand, so in such cases, the driver has a duty of care to safely drive the vehicle by complying with the vehicle line according to the surface marking.

Nevertheless, the defendant neglected this and went to turn to the left at the right-hand side of the passenger car of the victim E(IS, 40 years old) who was going to turn to the right-hand turn normally at the three-lanes adjacent to the defendant by negligence, which led to the defendant's failure to turn to the right-hand side of the driver's car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of treatment, and at the same time, avoided the said rocketing car by causing about approximately KRW 1,133,055 of repair cost, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. Around 19:05 on May 26, 2020, the Defendant driving a B-low-income vehicle under the influence of alcohol with a blood alcohol concentration of 0.047% from the 5km section from the D-bank distance in P-C to the D-bank shooting distance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1), (2), or vehicle damaged photograph;

1. The damaged vehicle booms and video images shall be cut.

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