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(영문) 서울중앙지방법원 2020.03.27 2019고단5991
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 5991"

1. The Defendant is a person engaged in driving a scooter, Seoul B 125cc or scooter.

On September 29, 2018, the Defendant driving the scooter around 16:36, while driving the above scooter, and then driving the front road of Gwanak-gu Seoul Special Metropolitan City from the d pharmacy to E-section from the d pharmacy.

Since there was a place where vehicles and people pass frequently, the defendant engaged in the driving of motor vehicles had a duty of care to prevent accidents in advance by safely driving the steering gear and brakes by safely driving them.

Nevertheless, the Defendant neglected to do so and neglected his duty before, after, after, after the Defendant’s failure to do so, and neglected to proceed as it was, and received from the victim F (the age of 61) to the right side of the back delivery through the scooter’s back delivery.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained a string of the right-hand arms in need of treatment for about two weeks, but did not immediately stop and take necessary measures, such as aiding the victim.

"200 Highest 234"

2. On December 23, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Seoul Central District Court.

On December 4, 2019, the Defendant was under the influence of 09:10% of blood alcohol concentration of 0.13%, and was driving a two-wheeled automobile at the front of Gwanak-gu in Seoul Special Metropolitan City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

【No. 1】

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report, and damage part of the victim;

1. A medical certificate (victim F);

1. Each report on internal investigation:

1. Each photograph (the crime of Article 2 on the market);

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A previous conviction in judgment:

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