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(영문) 서울중앙지방법원 2018.07.13 2018고단1080
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 January 18, 2018, the Defendant violated the Road Traffic Act (after-accidents), driving a chip car B around 03:18, and driving the Gangnam-gu Seoul Metropolitan Government front road toward the direction of Gangnam-gu, as Gangnam-gu, along with the direction of Gangnam-gu.

In such cases, the driver of the vehicle has a duty of care to accurately operate the brake and steering gear and safely by carefully examining the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected this and went under the influence of alcohol content 0.121% while driving in blood while stopping at the same place, and faced with the victim's G K5-si's left-hand side of the victim's G K5-si's G K5-si's car stopping in the same direction and continued to go under the right side of the driver's car.

Ultimately, the Defendant, by the above occupational negligence, destroyed the victim D's rocketing taxi to have approximately KRW 511,678,00,000 for repair costs, and escaped without taking measures when a traffic accident occurred while destroying approximately KRW 610,978 to the victim F K5 taxi.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) continued to drive the franchising car on January 18, 2018 while under the influence of alcohol with 0.121% alcohol concentration in blood around 03:30 on January 18, 2018.

At the time, since it is difficult to secure the view at the night, there was a duty of care to operate safely by accurately operating the brakes and steering gear with the care of care of the person engaged in driving service, considering the situation where it is difficult to secure the view at the time.

Nevertheless, the defendant is negligent in doing so and only.

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