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(영문) 서울동부지방법원 2018.03.21 2017고단4320
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be sentenced to one year of imprisonment, and the execution shall be suspended for a period of two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violates the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”).

On June 25, 2017, the Defendant, without obtaining a driver’s license for a vehicle at around 07:28, the Defendant, while under the influence of alcohol 0.166% during blood, driven the said vehicle while driving the said vehicle at a level of alcohol level, leading the road of four-lanes in front of Gwangjin-gu Seoul Special Metropolitan City along the two-lanes in front of Seoul Special Metropolitan City along the Agsan basin from the military basin.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the steering gear and brakes in a state without influence of drinking, etc., such as accurately operating the steering gear and brakes in a state that does not affect the driver's duty of care.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim E (52 Do) who was parked in the fourth-lane of the said vehicle, and was driven by the victim E (52 Do) who was driven by the four-lane of the said vehicle. The part behind the F tourist bus, the Defendant was driven by the front part of the said AWD car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim G (62 years of age), the victim H (56 years of age), the victim I (V, the victim I), and the victim J (J, 51 years of age) who are customers boarding the said tourist bus with the above victim E by occupational negligence, thereby suffering from the injury of climatic spocks, etc. in need of approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the said tourist bus, even though it damages the said number of 17,673,133 won.

2. On July 6, 201, the Defendant issued a summary order of a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on July 6, 201, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on April 9, 201.

As stated in paragraph 1, the Defendant is under the influence of alcohol content of 0.16% in blood, C A-A-A-A-A-A-A-A-A-A-A-A-car.

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