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(영문) 서울동부지방법원 2018.05.18 2018고단605
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 10, 2017, the Defendant, while under the influence of alcohol at around 22:15, the Defendant driven C rocketing car from the front of the restaurant “Uridong Red Deposit” located in 224, Gangnam-gu Seoul, Seoul, to the road near the same luminous 222-ro, Seoul, along the influence of alcohol at around 0.128%.

2. Violation of the Road Traffic Act (after-accident) by the Defendant is a person driving C Lasta car as a duty.

On October 10, 2017, around 22:15, the Defendant moved back to the backside of the water-flowed road located in 222-ro, Gangnam-gu Seoul, Seoul, which is located in the vicinity of the river basin, from the runway near the above 222-lane, the Defendant was moving back to the backside of the luminous water course, which is located in the middle of the 3-lane.

In such cases, a person engaged in driving service is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to take into account the traffic situation on the front side and the right side, to accurately manipulate the steering and brake system, to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and immediately entered a two-lane while under the influence of alcohol, and is driving by E as owned by the victim D Co., Ltd. who was going to a three-lane while changing the course to a three-lane.

The top part of the F Bus's driver's seat was shocked to the right back part of the said rocketing passenger car, thus damaging the said bus to KRW 718,800 for the repair cost, and escape without taking any measures.

3. In such a case, the Defendant confirmed that the course of driving of a vehicle is safe by reducing the speed and checking the front, rear, and right and the right of the vehicle at night, at the time and at the place specified in paragraph (2), while driving the said vehicle on duty under the influence of alcohol, such as paragraph (1).

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