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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단1790

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 7, 2017, the Defendant was sentenced to eight months of imprisonment by indecent act, etc. at the Seoul Southern District Court, and the judgment on October 27, 2017 became final and conclusive and conclusive on January 1, 2018, the Defendant completed the execution of the sentence at the Seoul Southern Southern District Court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving of B-cruise cars.

On June 29, 2019, the Defendant driven the said car at around 09:30, and proceeded to turn to the left two-lanes from C to D, while under the influence of alcohol by 0.213% of blood alcohol concentration, the Defendant was driving the said car at the speed of 0.213%.

Since there is an intersection where a signal is installed, there was a duty of care to safely drive a person engaged in driving a motor vehicle by complying with the signal while under the influence of alcohol.

Nevertheless, by negligence, the Defendant neglected this and left-hand turn while under the influence of alcohol, received the part of the left-hand door of the pertinent cruise car operated by the victim E (58 years of age) who was directly driven from the right-hand side of the Defendant’s moving direction to the left-hand side from the right-hand side of the Defendant’s moving direction to the left-hand side of the pertinent cruise car.

After all, the Defendant, by such occupational negligence, caused the victim to suffer injury to the left part of the chestheadheading wall, which requires treatment for about two weeks, and at the same time, destroyed the said A-to-purd vehicle to have approximately KRW 5,755,968 of the repair cost, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. A cruise as described in paragraph (1) is in the state of being drunk with approximately 4km alcohol concentration of about 0.213% from the section of about 4km from the date and time specified in paragraph (1) to the place where an accident described in paragraph (1) occurs.