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(영문) 서울중앙지방법원 2019.10.24 2019고단2592
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On December 27, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.128% at around 19:11, the Defendant was driving a B-low vehicle at a section of approximately 7.8 km from the front day of the mutual influence in the location of Yongsan-gu Seoul, Yongsan-gu, Seoul to the roads adjacent to the Gangnam-gu Seoul Southern Highway.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are the defendants engaged in driving motor vehicles in B.

On December 27, 2018, at around 19:11, the Defendant, as the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.128% as above, driven a franchise-free car and proceeded along two-lanes of the Seoul Gangnam-gu Seoul Metropolitan City Gyeong-gu Gyeong-do road along four-lane roads along the Hanwon-IC bank on the Hannam-gu IC bank.

In such cases, there was a duty of care to prevent accidents in advance by driving a driver of a motor vehicle, considering the traffic conditions of the road and the operational conditions of other motor vehicles, maintaining an appropriate speed and safety distance, and operating the steering gear and brakes accurately and safely.

Nevertheless, the Defendant was negligent in driving while neglecting the above duty of care in a state where normal driving is difficult under the influence of alcohol, and caused the Defendant to stop the said taxi while following the victim C (E.S., 52 years old) driving that repeated the slowly in the front section of the Defendant, and did not avoid it properly, and received the back part of the left-hand part of the said taxi as the front part of the right-hand part of the said cargo.

The Defendant’s occupational negligence inflicted injury on the said C, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, on the part of the Defendant, and on the part of the victim E (ma, 33 years of age) who was on board the said taxi, it requires approximately two weeks of medical treatment.

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