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(영문) 서울북부지방법원 2019.03.14 2018고단4763
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person engaging in driving a rocketing vehicle B.

Around 01:00 on October 5, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.178%, and the road of four lanes in front of Dongdaemun-gu Seoul Metropolitan Government C was under the influence of two lanes in front of Dongdaemun-gu with a long distance of 1-dong agricultural street from the shooting distance of the front gate.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by taking into account the traffic situation in front.

Nevertheless, the Defendant neglected to do so and was under the influence of alcohol as above, and discovered and immediately operated the Erocketing taxi of the victim D(68 years old) who was under the influence of the signal waiting at the same lane, but did not escape. However, the Defendant received the back portion of the said rocketing taxi in front of the said rocketing car.

In that shock, the said E rocketing taxi was forced to get the victim F (70 years of age) who was stopping in front of it to get the victim F (70 years of age) taxi.

Ultimately, the Defendant suffered from these occupational negligence the victim D’s injury, such as light gate, left-hand bed salt pan, etc., the victim H (the 26-year-old) who is the passenger of the said E rocketing cab, with approximately two weeks of medical treatment, injury such as dynasium and tensions, etc., which require approximately two weeks of medical treatment, and the victim F. At the same time, the Defendant suffered injury such as light dynasium and tensions, etc., which require approximately two weeks of medical treatment. At the same time, the Defendant, who is the owner of the IF, was in excess of KRW 2,697,370, total repair costs, such as the exchange of pansa cabs, etc., which are KRW 303,576, 576, respectively, by immediately stopping the said G rocketing cab to take necessary measures, without providing relief to the victim.

Summary of Evidence

1. Part of the accused's statements in the second protocol of trial;

1. Part of witness D in the third protocol of trial;

1. Statement of the Police Statement with F 1.

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