beta
(영문) 서울남부지방법원 2020.10.06 2020고단1103

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

The defendant is a person who is engaged in driving a B-Adi A6 car.

1. On January 17, 2020, the Defendant was under the influence of alcohol level of 0.13% in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) on January 17, 2020, and the Defendant changed the lane into one lane while driving along the two lanes between the two lanes of the two lanes in the way of the flow of the Olympic Games from the area of the Bluan River to the area of the sexual intercourse.

In this case, the driver of the vehicle has a duty of care to safely change the lane and prevent the accident from being delayed by giving notice of change of course due to direction direction, etc. after examining whether there is a vehicle on the lane to be changed.

Nevertheless, the Defendant neglected this and neglected to change the vehicle under the influence of alcohol as seen above, and received the part on the front side of the driving seat of the victim C(the age of 48) driving, which was proceeding as one lane, as the part on the part on the side of the Defendant’s driving seat.

As a result, the Defendant, by occupational negligence, sustained approximately two weeks of the above victim’s salt ties and tensions, and the victim E (the 37 years old), who is the passenger of the victimized vehicle, about two weeks of medical treatment. At the same time, the above damaged vehicle did not take measures such as destroying the above damaged vehicle so that its repair cost would be equal to KRW 7,045,150, such as the exchange of the flus pans, and escape from the scene without taking measures such as aiding the victims.

2. Violation of the Road Traffic Act (driving) driven the said vehicle at a section of about 11 km from the influent land of Yeongdeungpo-gu Seoul Metropolitan Government to the front road in front of the Defendant’s residence located in the Gyeonggi-gu Lighting-si, and under the influence of alcohol 0.133% of the blood alcohol level at the time and time specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. C.