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(영문) 서울중앙지방법원 2019.08.21 2019고단2440
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 engaged in driving a BMW car;

On January 31, 2019, the Defendant driven the above car at around 16:20, and made the turn to the left at a speed that cannot be known to the two intersections of Young-dong and Dong-dong, while under the influence of alcohol at 0.095% of blood alcohol level, the Defendant was under the influence of alcohol level 0.095%.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly manipulate the steering direction and operation of the steering system while keeping the steering room well in a person engaged in driving the motor vehicle.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering direction and operation system under the influence of alcohol, the Defendant received the left-hand part of the victim C(the age of 61) driving that was parked in the opposite direction from the left-hand part of his car, and received the front-hand part of the victim E(the age of 67) driving that was continuously stopped after the said taxi.

In addition, the victim C driver's D taxi was the left-hand part of the victim G(51) driving, which was stopped in the next lane due to the shock by the defendant's car.

Accordingly, the Defendant caused the injury to the victim C by such occupational negligence, such as brain salva, which requires medical treatment for about three weeks, the injury to the victim I (31 years of age), the victim J (60 years of age), and the victim K (35 years of age) respectively, to the victim C who is a taxi passenger of the victim C, and to the same victim K (35 years of age), for which the treatment period cannot be known, the injury to the victim E, such as base salt, tensions, tensions, etc., of the trend requiring medical treatment for about two weeks, the injury to the victim E-driving passenger of the victim, such as base salt, tension, tension, etc., for about two weeks, and the injury to the victim G.

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