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(영문) 서울북부지방법원 2018.01.18 2017고단3739
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 a period of two 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 (hereinafter referred to as "Aggravated Punishment, etc.") and the violation of the Road Traffic Act (after the accident) are those who are engaged in driving of the last car.

On July 26, 2017, when the Defendant was under the influence of alcohol 07:23% on July 26, 2017, when mental disorder caused by alcohol use causes to change things or lacks ability to make decisions, the Defendant straighted the safety zone in front of the E veterinary hospital located in Seoul Jung-gu D with a alcohol content of 0.172% on the side of the off-distance in the Seoul Jung-gu market.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent collision with the preceding motor vehicle by driving the front door, maintaining the safety distance, and operating the brake properly.

Nevertheless, the Defendant, by negligence of driving a vehicle under the influence of alcohol, escaped without taking necessary measures, such as saving the victim, even though he injured the victim, who driven a vehicle at the front of the same lane (52 3) with the top top of the vehicle in front of the same lane, who was in the front of the vehicle in front of the above body, thereby causing bodily injury to the victim, such as salt, tensions, etc. in need of approximately two weeks medical treatment, and at the same time, damaged the low-speed car in excess of KRW 924,438.

2. When the Defendant was under the influence of alcohol 0.172% in alcohol due to mental disorder caused by alcohol using alcohol or lacks ability to discern things or make decisions, the Defendant was driving the string car at the section of approximately 4km from Seoul Jung-gu to the above accident site under the influence of alcohol 0.172% in light of the influence of alcohol.

3. A driver of any motor vehicle in violation of the Road Traffic Act shall be in violation of traffic signals or directions, a median line, a violation of regulatory speed, a violation of prohibition of crossing, U-turn, and moving backward, a violation of safety distance, a violation of prohibition of changing course.

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