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(영문) 서울서부지방법원 2019.01.10 2018고단3496
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. A person who is engaged in driving of XG cars by violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents).

On September 5, 2018, the Defendant driven the said car at around 18:19, and proceeded along the two-lanes of the two-lane road in front of the 134 green street intersection in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, according to one-lane from the intersection toward the distribution intersection.

Since the location is a three-distance intersection where signal lights are installed, in such cases, there was a duty of care to reduce the speed in advance to a person engaged in driving of a motor vehicle, observe the traffic signal, and to check whether there is a motor vehicle on the opposite lane by properly examining the right and the right and the right of the motor vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the right side of the car of the Defendant, which was driven by the victim C (hereinafter referred to as 37 years old) who was on an internship in accordance with the new subparagraph, due to the negligence of violating and continuing the vehicle stop signal.

As a result, the Defendant, by negligence in the course of performing the above duties, got injured by the victim C (V, 37 years of age) and the victim F (V, 6 years of age) who was on board the above E-car driver, respectively, for about two weeks of medical treatment, and suffered injuries such as salt, tension, etc. of the frame and tensions in detail, and at the same time, 4,986,825 won of repair costs were destroyed to the extent that the car of the victim was damaged to the extent and escaped without taking necessary measures, such as aiding the victim.

2. Around September 18:19, 2018, the Defendant driving a Blue XG car in the state of alcohol with approximately 26 km from the front of Yongsan-gu Seoul to the front road of the public parking lot of 43-ro, Songpa-gu, Seoul, with a blood alcohol concentration of at least 0.140%.

(i) the evidence;

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