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(영문) 부산지방법원 2019.09.18 2019고단3046
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) (Aggravated Punishment, etc. of Specific Crimes) and the Defendant driving a B-to-purd vehicle with a blood alcohol concentration of 0.117% under the influence of alcohol level around 02:20 on June 23, 2019, led the Defendant to drive the Do-to-pur vehicle in

In this case, there was a duty of care to prevent accidents by accurately manipulating the system of operation and steering with the driver who is engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant’s negligence while neglecting it, followed the part of the victim G(30 years of age) driving that was going ahead of the Defendant’s direction, which was going ahead of the Defendant’s running direction.

As a result, the Defendant, by the above occupational negligence, sustained 10-day medical treatment of the victim's 10-day medical treatment, and at the same time, destroyed the above 1,130,000 won for repair, and escaped without taking measures, such as aiding the victim by stopping it immediately.

2. No driver of any motor vehicle, etc. who has violated the Road Traffic Act shall threaten or endanger other persons, or cause any danger to traffic by consecutively committing two or more acts, from among the acts of violation of signal or instruction as prescribed by the Road Traffic Act, violation of speed limits, violation of prohibition of crossing, U-turning, or moving backward, violation of prohibition of changing course, violation of prohibition of rapid brakes, violation of overtaking methods, generation of noise without justifiable grounds, etc.;

Nevertheless, the defendant from June 23, 2019 to June 02:20 to March 02:35, 2019 to the J warehouse located in Geum-gu, Busan.

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