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(영문) 서울서부지방법원 2017.10.12 2017고단2369

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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

1. Around 23:00 on July 12, 2017, the Defendant driven a hurburged vehicle with approximately 5km alcohol concentration of about 0.135% in a section of about 5km from the side of the suaker parking lot located in Mapo-gu Seoul, Mapo-gu to the internal circulation road located in the Seongbuk-gu Seoul Metropolitan City.

2. Around 23:00 on July 12, 2017, the Defendant driving a motor vehicle of soflured on the top of the foregoing Ambdo around 23:00, and driving the five-lane road in front of Mapo-gu Seoul, Seoul at the speed of 30km from the right edge to the right edge of the mambro, and driving the road at the speed of 30km from the right edge to the right edge of the city, and driving the motor vehicle along the five-lane.

At the time, when changing a lane at night, there was a duty of care to operate direction direction, etc. to give prior notice of change of course and to change the lane in the situation of traffic on the front side and the right side.

Nevertheless, the Defendant neglected to do so and went directly on the right-hand side of the victim D (39 years old) who was proceeding in the same direction five-lane due to the negligence of changing the lane into the right-hand side, and received the front part of the Estyna taxi in front of the Estynael, which was driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, committed an injury to the victim D, such as salvum sale, which requires approximately three weeks of treatment to the victim D, and committed an injury to the victim F (25 years of age) who was on board the said rocketing taxi, such as light salvum sale, which requires approximately two weeks of treatment, but failed to immediately stop and escape without taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver at home, report of the detection of the driver at home, and record of the pulmonary measurement;