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(영문) 서울동부지방법원 2017.04.24 2017고단545
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or injury) and the Road Traffic Act (or after the accident).

On February 5, 2017, the Defendant was under the influence of alcohol content 0.168% during blood transfusion, and was driving the said Lone Star Cargo Vehicles at the above 0.168%, and continued to drive the 932 Lone Star Road at the ebbbbb in Songpa-gu Seoul, Songpa-gu, according to one-lane from the backside of the ebscopic market to the backside of the ebscop market.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and since it is an intersection where signal lights are installed, there was a duty of care to safely drive the motor vehicle by observing the signal.

Nevertheless, under the influence of alcohol, the Defendant neglected to make an internship in violation of the signal, and went on to the right side of the victim C (hereinafter referred to as 37 years old) driving in accordance with the new code on the two-lanes of the adjacent part. The Defendant shocked the front side of the victim C (hereinafter referred to as 37 years old) driving in the right side of the said Lone Star passenger car.

Defendant 1 caused injury to the victim, such as salt, tension, etc. in need of approximately two weeks’ medical treatment due to such occupational negligence, and at the same time, Defendant 1,190,390 won of repair car was damaged to the victim and escaped without taking necessary measures, such as stopping and aiding the victim.

2. On February 5, 2017, the Defendant was under the influence of alcohol level of 0.168% in blood on February 5, 2017, the Defendant driving of the said Lone Star Cargo on the roads on which the said Lone Star Cargo is not 0.168% in alcohol level from the roads in Songpa-gu Seoul, Songpa-gu to the roads on which the said Lone Star Cargo Truck was not 932, as Seoul, as the raw materials in Songpa-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and a report on the detection of a primary driver;

1. A written diagnosis and a written estimate;

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