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(영문) 서울서부지방법원 2015.08.11 2015고단1362

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten 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. Around 23:40 on May 13, 2015, the Defendant: (a) driven a CM7 car under the influence of alcohol with a blood alcohol concentration of 0.091% from the friend road located in Guro-gu Seoul Metropolitan Government, Guro-gu World Cup to the 167th road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) and the Road Traffic Act (Non-accident after Accidents) on May 13, 2015, the Defendant driving the said vehicle at around 23:40 on May 13, 2015, led the Defendant to drive the said vehicle at around one-lane in front of the exit 167, Mapo-gu World Cup, Mapo-gu, Seoul, to proceed with two-lanes in front of the exit 167.

In this case, the defendant engaged in driving service has a duty of care to safely drive the motor vehicle by looking at the front left well, as the victim D(n, 44 years old)'s E New-Wood Motor Vehicle is proceeding.

Nevertheless, due to the negligence of neglecting this, the Defendant received the part behind the above damaged vehicle in the signal atmosphere as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim, such as salt panions requiring medical treatment for about two weeks, and at the same time, avoided a traffic accident that leads to a total amount of KRW 307,877, such as the exchange of damaged vehicles with panions, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

3. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents has caused an accident as referred to in paragraph 2 at the same time, and continued to proceed along three lanes from the three-lane roads of the Seoul Mapo-gu Office, bypassing to the room of the Seoul Mapo-gu Office.

At the time, the Defendant, as described in paragraph (1), was negligent in neglecting the duty of Jeonju while driving in a drunken state with a blood alcohol content of 0.091%.