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(영문) 서울남부지방법원 2019.09.05 2019고단2735

특정범죄가중처벌등에관한법률위반(도주치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving of a freight vehicle B and one ton in driving of a freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed measures after accidents);

On March 10, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.121% of blood alcohol concentration on March 10, 2019, and led the vehicle to proceed from the south-west along the 2nd line with the 3rd line road of Guro-gu Seoul Metropolitan City, Guro-ro 22-ro 89, East-gu, Seoul, along with the 2nd line.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering right and the steering system to those engaged in driving vehicles.

Nevertheless, when the Defendant was unable to properly operate the brakes due to negligence under the influence of alcohol, the Defendant shocked the back part of the victim C(the age of 48) driving car that was driven by the second line in the same direction as the previous one of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as saved salt in need of medical treatment for about two weeks, and at the same time, escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the damaged vehicle equivalent to KRW 450,000.

2. The Defendant was under the influence of alcohol 0.121% of the blood alcohol concentration at the same time as that set forth in the preceding paragraph, and was driving the above sealed truck from the F garage located in Guro-gu Seoul Metropolitan Government to the place of the accident set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Police statement (C);

1. A traffic accident report (1) (2) and a survey report on actual condition, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 54(1) of the former Road Traffic Act, and Article 5-3(1)24 of the former Road Traffic Act concerning the crime.