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(영문) 서울중앙지방법원 2019.05.31 2019고단1452
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On October 27, 2006, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court, and KRW 7 million as a fine at the Seoul Central District Court on January 24, 2013.

【Criminal Facts】

1. On February 2, 2019, at around 00:07, the Defendant driven a DNA car with a blood alcohol content of about 0.122% in the section of about 36 km from the front of C in Jongno-gu Seoul Metropolitan Government, Seocho-gu to the road adjacent to the road near the access road to the downstream at the Hanwon-dong, Seocho-gu, Seocho-gu, Seoul.

2. A person who is engaged in driving a DNA low-income motor vehicle by the defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

The Defendant, while under the influence of alcohol concentration of 0.122% in a temporary border like the above paragraph (1), was driving the said car along the same lane as that of the above-mentioned vehicle and proceeding along the one-lane near the road adjacent to the access road adjacent to the intersection at the Hanwon-dong, Seocho-gu, Seoul Metropolitan Government Giwon-dong, Seoul, according to the one-lane.

At that time, the vehicle was driven at a rapid speed. As such, the Defendant engaged in the driving of a motor vehicle had a duty of care to prevent accidents in advance, such as: (a) the Defendant had a duty of care to look at the front, rear, and right and right well; and (b) the operation of steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and neglected his duty of driving at the right time under the influence of alcohol and neglected to do so, and neglected to change the vehicle line as it is, and received the part on the left side side of the victim E(64 years old) driving by the victim E(64 years old) driving, who was straight along the two-lanes, as the part on the right side of the Defendant’s car.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of medical treatment to victims E.

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