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(영문) 서울북부지방법원 2018.07.19 2018고단2026
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving C and C 3 cargo vehicles.

1. On December 23, 2017, the Defendant driven the above cargo while under the influence of alcohol content of 0.083% from the blood alcohol level to the road located in about 809, as Seoul Special Metropolitan Gwangjin-gu, even though the validity of a driver’s license was suspended at around 03:23, December 23, 2017, at around 03:53, around 03:53 on the same day, the Defendant driven the above cargo while under the influence of alcohol level of 0.083% from the blood alcohol level to the road located in 809, as Seoul Special Metropolitan City Gwangjin-gu.

2. On December 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize) driving of the above cargo vehicle around 03:23, the Defendant proceeded with a road of 27 Dop-ro 27 Na-ro 49, Jungdong-gu, Seoul, with a face-to-face 4, from the two apartment rooms.

At the time, the vehicle was parked on both sides of a narrow road at night. In such a case, a person engaged in driving service has a duty of care to check whether there is a pedestrian or an obstacle by reducing speed and safely driving the accident.

Nevertheless, the Defendant neglected this and did not discover the victim D(52) who was walking at the right side of the road due to the negligence that he was under the influence of alcohol as above, and did not discover the victim D(52) who was walking at the right side of the road, and caused the victim to go beyond the victim by shocking the left side of the said cargo vehicle.

Ultimately, even though the Defendant suffered from an injury, such as dump, etc. in need of treatment for about two weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victimized person, even though he/she did so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Inquiry into the results of the crackdown on driving under drinking, the statement on the circumstances of the driver under driving under drinking;

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