logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.02.21 2018고단4257
특정범죄가중처벌등에관한법률위반(도주치상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is engaged in driving a Branchise car.

On November 8, 2018, the Defendant driven the said car while under the influence of alcohol 0.177% of the blood alcohol concentration around 04:35 on November 8, 2018, and led to a one-lane road in front of Yongsan-gu Seoul to proceed from the direction of the Pacific Safety Center.

At the time, since it was night and around the crosswalk, in such a case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as making a person engaged in driving the motor vehicle a full-time watch and accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the defendant neglected this and got the victim D, who was left left on the right side of the front side of the car by negligence, and got the victim to go beyond the floor.

Ultimately, even though the Defendant suffered from an influorious or abrupt fluor, etc. of the number of days of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

2. Around November 8, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) driving a B-low-income vehicle under the influence of alcohol content of about 500 meters from the F-parking in Yongsan-gu Seoul to the front road of the same Gu from the F-parking in Yongsan-gu Seoul Metropolitan City to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. Each police statement made to H and D;

1. A victim's DNA photograph;

1. Application of Acts and subordinate statutes governing the delivery of medical care benefits;

1. Driving under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

arrow