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(영문) 서울중앙지방법원 2019.02.20 2018고단8459

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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. A person who is engaged in driving service of the BNAS car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident).

On October 12, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.111% of blood alcohol concentration on October 12, 2018, and driven the three-lane road in front of the "D" store in Jongno-gu Seoul Metropolitan Government, along the two-lanes toward the inner intersection from the luminous side.

At night, the Defendant was at night, and the Defendant was followed by the I’s I’m I’m I’m I’m I’m I’m I’sm I’s 40 years of age before the same direction, and thus, the Defendant had a duty of care to look well about the situation and secure a safe distance to avoid when the vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant did not see that the above see the seeer Park Grand-ro car, which was driven in the vicinity of it, was stopped in accordance with the cross-section stop signal, and continued without standing it, and received the above seeer part of the car which was set back in front of the right side of the Defendant’s No. NAS car, and received the part behind the left side of the seeer Grand-ro car.

After all, the Defendant, due to the above occupational negligence, committed an injury to the victim E, such as salt, tensions, etc., requiring treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as providing relief to the victim, after immediately stopping the car to 29,478,630 won in repair cost, such as the exchange of pans, after driving the car to the victim F.

2. On October 12, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) at around 01:12, the Defendant, while under the influence of alcohol of 0.11% of blood alcohol concentration, is running from the section of about 2 km from the front of Jongno-gu Seoul Metropolitan Government G Award to the front of the “D” store located in the same Gu C.