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(영문) 서울남부지방법원 2017.04.20 2016고단5940

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Seoul Southern District Court on August 22, 201, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on August 22, 201, and issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act on September 20, 2012, and was punished by a fine of KRW 5 million for a drunk driving on at least two occasions by the same court on September 20, and is a person who is engaged in driving of C franchise-car.

1. On October 9, 2016, the Defendant violated 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 (hereinafter referred to as the “Aggravated Punishment, etc.”) (hereinafter referred to as the “Aggravated Punishment, etc.”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, driving the said vehicle on his/her duty while under the influence of alcohol leveling to 0.10% of the alcohol level among blood transfusions, and driving the said vehicle at a speed that would not be known along the two-lanes of the roads in front of Yeongdeungpo-gu Seoul Metropolitan Government D,

In such a case, there was a duty of care to change the car line by taking into account the traffic situation before and after the driving of a motor vehicle.

Nevertheless, the Defendant was negligent in changing the car line by neglecting it under the influence of alcohol as above, and the back part of the FMW car driven by the victim E (38 years old) was charged with the back part of the Defendant’s passenger car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant escaped without immediately stopping a traffic accident that damages KRW 3,282,659 in total repair cost, and without taking necessary measures, such as checking the damage situation by immediately stopping the said BMW car, and providing relief to the victim.

2. Violation of the Road Traffic Act (drinking) shall be done under the influence of alcohol 0.10% in the section of approximately 1.7 km from a place where the location in the Yeongdeungpo-gu Seoul Metropolitan Government Daelimdong cannot be known at the time of the day, such as paragraph (1) to the front roads of Yeongdeungpo-gu Seoul Metropolitan Government.