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(영문) 서울북부지방법원 2020.08.20 2020고단1428
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving motor vehicles in B.

On March 9, 2020, at around 00:09:11, the Defendant driven the said car while under the influence of alcohol with 0.127% of the blood alcohol concentration, and driven the front road of the Seoul Western-gu Seoul Metropolitan Government at a speed that would not be known by one-lane between the middle-distance distance and the middle-distance distance.

At the time, it is night and where the passage of vehicles is frequent, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear, brakes and other devices.

Nevertheless, the defendant neglected this and tried to see the back part of the E-tax operated by the victim D (year 63) who temporarily stops in order to turn to the left due to negligence while driving a vehicle under the influence of alcohol.

At around 20:10 on the same day, the Defendant continued to run across the central line while escaping from the middle Tranri street to the middle-distance distance on the front side of the Seoul Southern-gu F, and the Defendant was shocked by the front part of the HUP car driven by the victim G, which was in progress in the opposite direction of the invasion, by the front part of the said car.

After all, the defendant escaped from the J elementary school in front of the Seoul Jung-gu I, the defendant was driven by the victim K(41) who is proceeding in the opposite direction while waiting for the signal by temporarily stopping the car at the front of the J elementary school in front of the Seoul Jung-gu. The defendant was driven by the front part of the said car driving by the defendant.

Ultimately, the Defendant committed the above occupational negligence with approximately two weeks to the victim D.

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