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(영문) 서울중앙지방법원 2020.05.11 2019고단8806
특정범죄가중처벌등에관한법률위반(도주차량)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 resulting from Dangerous Driving) is a person engaging in driving a BFD car.

On November 10, 2019, at around 22:10, the Defendant driven the said car under the influence of alcohol concentration of 0.196% on the two-lane road in front of Dongjak-gu Seoul Metropolitan Government, Seoul, while driving the said car at a speed of less than 30km/h from the D intersection to the E elementary school surface, depending on the two-lanes.

A person engaged in driving service shall not drive a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and have the duty of care to prevent accidents by safely driving the motor vehicle, such as making a good report on the traffic situation on the front-hand side and accurately operating the steering system.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes, and received the part on the back left side of the passenger 5-si G K5-si driving G K5-si, which was trying to get customers on the front side of the same lane from the same lane at the point of accident, as the part on the right side of the said car.

As a result, the Defendant suffered from the injury of climatic salt, etc., which requires a two-day medical treatment to the victim F while engaging in a driving service in a state of difficult driving under the influence of alcohol; the injury of climatic salt, tension, etc., which requires a three-day medical treatment to the victim H (V, South, 26 years old); the injury of the victim I (V, 48 years old) and the victim Jin (V, 48 years old); the injury of climatic salt, tension, etc., which requires a two-day medical treatment to the victim K (V, 19 years old) who took advantage of the back seat; and the injury of the victim K (V, and 19 years old) who took advantage of the back seat, such as the salt, tension, etc., of the climatic minister in need of a three-day medical treatment.

2. The defendant violates the Road Traffic Act (driving) from the Do in front of the MH elementary school located in Gwanak-gu Seoul Special Metropolitan City at the time and time set forth in paragraph 1 above.

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