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(영문) 서울북부지방법원 2020.05.07 2019고단4895
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a motor vehicle from BAWn-turd

On September 20, 2019, the Defendant driven the said car while under the influence of 0.122% of blood alcohol level around 01:07, and led to the flow of the car at the speed of the 556 U.S., Nowon-gu, Seoul to the front side of the C apartment Ddong from the C Apartment basin.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded without stopping the Frando taxi's right side, which was driven by the victim E, who was in the top of the left-hand turn on the left-hand side of the Defendant's vehicle due to the negligence of the Defendant's negligence while driving, but was waiting to turn to the left-hand turn on the right-hand side of the passenger vehicle, while driving without stopping the Frando taxi.

Since then, the Defendant escaped without taking measures such as confirming damage after stopping.

Therefore, the victim E and H have concealed the passenger car of the defendant who escaped by driving each vehicle and prevented him from driving it, and the defendant's car stopped from the vehicle and went to the defendant.

Therefore, the defendant, when there is a person in the vicinity of a car, had the victim H, who was placed in the front door of the victim's car, and escaped beyond the floor due to the negligence of neglecting the duty of care to prevent the accident of human life in advance, despite the fact that there was a duty of care to prevent the accident of human life in advance.

Accordingly, the Defendant is obliged to perform the above duties.

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