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(영문) 서울서부지방법원 2016.06.28 2016고단1070

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for nine months.

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

1. The Defendant is a person who is engaged in driving a car driving service of DM520 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles) and Road Traffic Act (ii).

On April 3, 2016, the Defendant driven the said car under the influence of alcohol level of 0.075% among blood transfusion around 03:40 on April 3, 2016, while driving the said car, and driving the four-lane road in the direction of Yongsan-gu Seoul, Yongsan-gu, Seoul at a speed that is impossible to identify the four-lane due to the outflow of each area at the intersection of Han River.

In such cases, when it is likely that a person engaged in driving of a motor vehicle may impede the normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course. Therefore, he/she has the duty of care to prevent accidents in advance by changing his/her lane safely by keeping the rear side of the direction of the change in the direction.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the lane and was driven by the Victim F, who was driven by the victim F, along three-lanes, by the Defendant, to the front pentel part of the Defendant’s string of the instant taxi.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F of the above victim, such as catum salt, etc. in need of approximately two weeks of treatment on the part of the victim H, and suffered injury, such as catum salt, etc. in need of approximately two weeks of treatment on the part of the victim H, while at the same time, the above damaged taxi was damaged by KRW 99,228 of its repair cost, without immediately stopping the said taxi and escape without taking measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (drinking) driving a car under the influence of alcohol 0.075% in alcohol while under the influence of alcohol 0.075% from the roads near the new forest basin located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the roads in front of Yongsan-gu I, Yongsan-gu.

(i) the evidence;