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(영문) 서울중앙지방법원 2017.06.09 2017고단2343

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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Defendant is a person engaging in driving of B-learning automobiles.

On December 24, 2016, the Defendant driven the above car on December 24, 2016, and led the Seocho-gu Seoul to proceed the front road of the Seocho-gu Seoul to 30km in the direction of the Dong community service center in the direction of the air room of subway No. 2.

At this point, as the side road of one-way traffic is prohibited from entry into the defendant's running direction, and in the opposite direction, the EMW car driven by the victim D(31 ) is proceeding, so the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering and operation system.

Nevertheless, the defendant neglected this and caused the negligence of driving one side of the road, thereby leading the victim's driving to the right side of the above BMW car. However, the part of the victim's driving prior to the right side of the driver's driving was received as the upper part of the passenger's driving.

Ultimately, the Defendant, by such occupational negligence, destroyed the Victim D’s salt, tensions, etc., requiring approximately two weeks’ medical treatment, and suffered injury to the Victim F (hereinafter “F”) who was on the said BMW car, such as base salt, tensions, etc., for about three weeks’ medical treatment, and escaped without taking necessary measures, such as providing relief to the victims, even if the Defendant destroyed the said BM car, and immediately stopped the said BM car to cover KRW 1,506,029.

2. On the day specified in paragraph 1, the Defendant violated the Road Traffic Act (drinking driving) is a B-learning car under the influence of alcohol of about 0.130% of alcohol concentration in blood from approximately 500 meters from the 29-ro 22, Seocho-gu, Seoul, Seocho-gu, Seoul, to the front road of Seocho-gu Seoul Metropolitan Government.