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(영문) 서울중앙지방법원 2016.03.09 2016고단26

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

[Power of crime] On August 1, 2007, the defendant issued a summary order of which is sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving), a summary order of which is sentenced to a fine of three million won due to a violation of the Road Traffic Act, a violation of the Road Traffic Act (drinking driving), a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Seoul Northern District Court on June 10, 2009, and a summary order of which is sentenced to a fine of four million won due to a violation of the Road Traffic Act (drinking driving).

[Criminal facts]

1. 특정범죄 가중처벌 등에 관한 법률위반( 도주차량), 도로 교통법위반( 사고 후미조치) 피고인은 2015. 8. 27. 00:40 경 B K5 승용차를 운전하여 서울 강남구 도곡동 도 곡 1 동사무소 사거리를 강남 세 브란스 사거리 방면에서 뱅뱅 사거리 방면으로 진행하였다.

At this point, as an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving safely according to traffic signals.

Nevertheless, the Defendant did not stop the vehicle signal but continued to proceed in violation of the signal, and received the back portion of the left side part of the DNA 5-car driving by the victim C(30 ) who is placed on the left side of the vehicle running from the direction of the course to the left side of the vehicle, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained a light fluoral finite in need of treatment for the victim, and at the same time escaped without taking necessary measures, such as immediately stopping the damaged vehicle and providing relief to the damaged person, even though the damaged vehicle’s repair cost was damaged to an extent equivalent to KRW 1,628,613.

2. The Defendant is in the front of the Gwangjin-gu Seoul Special Metropolitan City, under the influence of alcohol level of 0.179% during the day-to-day alcohol level like paragraph 1.