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(영문) 서울중앙지방법원 2014.12.24 2014고단8251

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six 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. The accused is a person who runs driving service of the B B-S passenger cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, and the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 28, 2014, at around 23:20, the Defendant, while under the influence of alcohol at 0.148% of blood alcohol concentration (based on the application of the Ramark formula), driven from the Han River as the front Olympic Road on the 23-lane, Dongjak-gu Seoul Metropolitan Nowon-gu, the Defendant driven from the Han River to the Han River at a remote speed along the two-lanes.

At the time, it is night and its 1,2 lanes and 3,4 lanes are separated from the safety area, so in case of overtaking, the driver had the duty of care to safely overtake the vehicle to the port and prevent the accident in advance.

Nevertheless, due to negligence, the Defendant neglected to do so, while passing through the safety zone to the right side of the victim C (the age of 55) driving a D-ro business taxi running in front of the Defendant’s car, and passing through the safety zone, received the part of the victim’s right side side of the passenger car with the pentum part.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as a trend, drilling, left-hand salt, tension, etc., which requires approximately two weeks of medical treatment, and at the same time, escaped without immediately stopping the said taxi to take measures, such as providing rescue to the victim, even though the said taxi was damaged to be 580,138 won, such as the exchange of the front-hander.

The Defendant continued to drive the said car and continued to proceed to the Han River.

At the time, vehicles are stopped at night and in front of the defendant's moving direction, so in such a case, the person engaged in driving service shall properly operate the brakes while keeping the front door well.