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(영문) 서울동부지방법원 2020.04.13 2019고단4101
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 who is engaged in driving a KS3 car.

1. From November 17, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) driving the said car at around 16:00, and driving the said car along the three-lane road in front of the D High School located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu along the two-lane distance from the direction of the E University to the sexual intercourse.

At the time, it was difficult for the lower road to stop, and the front side of the defendant was in operation of another vehicle, so there was a duty of care to maintain the safety distance prior to the front and the safety distance, and to operate the steering system and the brake system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol content 0.192%, was negligent in not looking at the front side of the Defendant’s vehicle while under the influence of alcohol content 0.192% and received the part of the Defendant’s vehicle back to the right side of the Victim F (F, South, 24 years old) drive Gpool.

The Defendant, by such occupational negligence, sustained injuries to salt and tensions in need of approximately two weeks of treatment, and at the same time, destroyed an automobile with approximately KRW 4,841,661 of repair cost, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim, even though it was damaged to bring about KRW 4,841,661 of repair cost.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was stopped on November 17, 2019, around 16:05, at the 121st place in Seongdong-gu Seoul, Seongdong-gu, Seoul.

At that time, the victim H (ma, 23 years of age) who was a driving of the F in the above F, which had observed the accident referred to in paragraph 1 of the course, and driven by the Defendant, was prevented from escape in front of the Defendant’s driving vehicle, and the steering gear and brakes for those driving vehicles.

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