beta
(영문) 서울동부지방법원 2021.01.27 2020고단3788

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

[Criminal Records] On January 10, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violating Road Traffic Act (drinking driving) at the Seoul Central District Court.

[Criminal facts]

1. The defendant is a person who is engaged in driving of Brane automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes" and the Road Traffic Act (after an accident)

On August 3, 2020, the Defendant driven the said car while under the influence of alcohol content of 0.201% during blood transfusion 0.201% on August 3, 2020, and led the Defendant to circumvent the intersection of the two-way new teachers’ distance in front of Seoul Gwangjin-gu Seoul Special Metropolitan City to the northwest of the Dong-dong intersection.

At this point, the intersection where the center line of yellow solid lines is installed, so in such a case, the driver of the vehicle did not run the center line by properly examining the right side and the left side of the road, and there was a duty of care to make a right-hand while driving along the right side of the road in advance.

Nevertheless, the Defendant neglected this and neglected the center line, and received the part above the left-hand part of the car driving by the Defendant in front of the passenger car driving by the victim E ( South, 67 years old) who is waiting for the signal in order to go straight in the direction D from the north-west side of the Young-dong Intersection.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in light of the trend requiring treatment for about two weeks, and at the same time, destroyed the said K5-car to have an amount equivalent to KRW 1,505,500 for repair, and escaped without taking necessary measures, such as stopping and saving the damaged person.

2. Around August 3, 2020, the Defendant violated the Road Traffic Act (drinking) driven B-low-scale car under the influence of alcohol with approximately 1.5km alcohol concentration 0.201%, from the front of Gwangjin-gu Seoul Special Metropolitan City to the front of the H of Gwangjin-gu, Seoul Special Metropolitan City.