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(영문) 서울서부지방법원 2018.12.20 2018고단3529
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. A person who has violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the award) is driving a Grand Star Cargo as his/her duties.

On September 28, 2018, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of 0.193% during blood transfusions on September 28, 2018, while driving the said cargo vehicle under the influence of alcohol content of 0.193%, and led to the direction of Seodaemun-gu Office in the direction of Seodaemun-gu, Seoul.

At the time, there was a night and a place where people are passed by the edge of a road, so in such a case, there was a duty of care to look at the right and right of the person who is engaged in driving of a motor vehicle well, and to properly manipulate the steering gear and the brake system, thereby preventing accidents.

Nevertheless, the Defendant neglected this and did not discover the victim F(57) who walked along the edge of the road in front of the left side of the front bank due to negligence, and did not see the victim F(57) and shocked the victim by the left side of the said cargo vehicle.

Ultimately, even if the Defendant suffered from an injury, such as a salt panscule, etc., which requires the victim to receive approximately two weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

2. On September 28, 2018, the Defendant was under the influence of alcohol content of 0.193% during blood transfusion on September 28, 2018, the Defendant driven Creki Cargo Vehicles within a four-meter radius from the front day of the red control station located in Seodaemun-gu Seoul, Seoul to the 35th day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), a report on detection of a primary driver, a medical certificate, or a copy of a track image;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the occupational injury and actual injury) concerning criminal facts and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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