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(영문) 서울서부지방법원 2014.07.08 2014고단1019

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), and violation of the Road Traffic Act (Non-accident after Accidents) are those

On March 4, 2014, at around 13:30, the Defendant was under the influence of alcohol with 0.247% of blood alcohol concentration, and the Defendant was driving the frighting car, which led to the change of the tea line while driving the frighting car along the two-lanes of the Central Highway 289km located in Gyeyang-si, Seoyang-gu, Seoyang-gu, Seocheon-si.

In such cases, the driver of a motor vehicle has a duty of care to reduce speed and to change the vehicle line safely by making it possible for a person engaged in driving a motor vehicle to live well before and after, and to prevent the accident due to the vehicle's failure to drive while under the influence of alcohol.

Nevertheless, the Defendant neglected to drive a vehicle under the influence of alcohol and changed the vehicle line into one lane as it is, due to negligence, and did not discover a victim D(24 years old) E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires treatment for about two weeks, and at the same time, destroyed the victim’s car to cover approximately KRW 6,316,80 of the repair cost, and escaped without taking necessary measures, such as providing relief to the victim, even though it immediately stops.

2. The Defendant violates the Road Traffic Act (driving) at a section of about 10 km from the front of a mutually influent restaurant in Gyeyang-si, Seoyang-si to the place specified in paragraph (1), while under the influence of alcohol by 0.247% of the blood alcohol concentration in the time and time specified in paragraph (1).