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(영문) 서울남부지방법원 2017.06.08 2017고단1674

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:10 on February 27, 2017, 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. of Specific Crimes”), driving a B PP car in a state that it is difficult to drive it normally due to the influence of alcohol leveling to 0.163% of alcohol level among blood transfusions, and driving a two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane radius from the mouth of Gangseo-gu, Seoul

In such a case, the defendant engaged in driving service has a duty of care to prevent accidents in advance by driving safely by taking into account the situation of the front and left-hand traffic.

Nevertheless, the Defendant, while neglecting the influence of alcohol and proceeding to a single-lane in the same room as it was due to negligence while driving, was driven by the victim C(54 ) who stops in the atmosphere of the signal, and was driven by the victim C(54 ) on the right side of the said Paunta taxi.

Ultimately, the Defendant, as seen above, driven the said food car in a state where normal driving is difficult due to influence of drinking, received a tension with the pertinent victim C in need of medical treatment for about 10 days, and at the same time, destroyed the damaged vehicle to an extent equivalent to KRW 1,009,842, without taking measures such as providing relief to the injured party by stopping the vehicle.

2. On February 27, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was unable to drive normally due to the influence of drinking that reaches 0.163% of alcohol during blood transfusion on February 10, 2017. After the traffic accident as referred to in the preceding paragraph, the Defendant escaped approximately 2 km from the shock of the said taxi, which caused damage to the degree of the said taxi after the traffic accident as referred to in the preceding paragraph, and proceeded along two-lanes of the Gangseo-gu Seoul Metropolitan Government 1, 348 Garorost tunnels from the erode of the mountain basin in the middle of the valley.

In this case, the defendant who is engaged in driving of the motor vehicle is well aware of the traffic situation.