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(영문) 서울남부지방법원 2018.03.22 2018고단509

특정범죄가중처벌등에관한법률위반(도주치상)등

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

However, the execution of a sentence 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 00:00 on July 2, 2017, the Defendant was driving a B QM3 car under the influence of alcohol concentration of about 0.173% in the section of approximately 4.8km from the fluencies adjacent to the f13-6 SC-dong, Yangcheon-gu, Seoul to the roads front of the 613-6 SC-dong, Yangcheon-gu, Seoul.

2. Around 00:30 on July 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize) driving a B QM3 car in front of the D hotel located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu Seoul Metropolitan Government, and driving the two-lanes of the three-lanes between the three-lanes of the Gangseo-gu office intersection of the Gangseo-gu Office at an insular speed.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front-round vision and to prevent various accidents by safely operating the brake system.

Nevertheless, the defendant's negligence, which did not properly see the front side, led to the change of the front line from three lanes to two lanes from the front line of the defendant's vehicle in the e FK5 vehicle, the lower part of the left side of the E FK5 vehicle.

Ultimately, even though the Defendant, due to the above occupational negligence, sustained an injury requiring hospitalized treatment for five days, such as salt pans, tension, etc., to the victim G (the 36-year old-old age), who was on board the said K5 car, she immediately stopped, and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of each traffic accident in E and G;

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

1. A certificate of drinking alcohol measurement and a report on the detection of a main driver;

1. A certificate of hospitalization;

1. Bluice stuffs images;

1. Application of Acts and subordinate statutes to a report on investigation (report on the analysis of black stuffs);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 subparag. 2 of the Road Traffic Act concerning criminal facts.