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(영문) 서울서부지방법원 2016.05.17 2016고단446

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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 of a rocketing taxi for business purposes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., flight vehicles) and the Road Traffic Act (ii).

On December 26, 2015, the Defendant driven the said taxi under the influence of alcohol level of 0.171% during blood transfusion on December 26, 2015, while driving the said taxi, and driving the two lanes ahead of Eunpyeong-gu Seoul Metropolitan D along the reverse distance from the center to the center distance.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle by securing the necessary distance to avoid a collision with the previous motor vehicle in the case of a driver of a motor vehicle thoroughly and at the same time, a driver of a motor vehicle stops the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the same way and got a panion back to the F personal taxi of the victim E (68 tax) driving in the same way ahead of the same lane, and caused the above individual taxi to be pushed ahead of the above car, and caused the shock, thereby getting a panion of the victim G (66 years old) driving while waiting in the signal waiting in the front section.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim E, such as cerebral alky, which requires approximately two weeks of treatment; injury to the victim G, such as cerebral alky that requires approximately three weeks of treatment; injury to the victim I (34 years of age); injury to the victim I (34 years of age); and the victim J. (36 years of age); injury to the victim K (2 years of age); injury to the chill and tension in need of approximately two weeks of treatment; injury to the victim K (2 years of age); and at the same time, injury to the victim K (2,237,748 won to repair the said private taxi owned by the said victim G; injury to the repair cost of KRW 347,358; and immediately stop the said passenger taxi; and injury to the victim J-owned by immediately stopping the vehicle.