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(영문) 부산지방법원 서부지원 2020.05.27 2020고단398
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

1. On November 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) driving the said car under the influence of alcohol level of 0.075% on blood alcohol level on November 14, 2019, and driving the said car along the three-lanes between three-lanes at the signal line center of Busan Gangseo-gu Busan Metropolitan apartment from D room to the traffic line line line.

At this point, there was a duty of care to prevent accidents by checking whether a person engaged in driving a motor vehicle has access to the motor vehicle driving lane in a way that well sees the front side and the left side of the motor vehicle, and thereby preventing accidents.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the part of the victim E (the 63-year-old truck) driveed to the right-hand side of the vehicle, which entered the right-hand side of the Defendant’s driving route, was led to the front-hand part of the said vehicle driven by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing such duties, committed the injury to the victim E, on the part of the victim F (the aged 61) who was on board the cargo loaded in the above breater for about two weeks, suffered from the injury of cryp, tensions, etc. in need of treatment for about two weeks, and the injury of the victim G (the aged 50) on the cryp, etc. without immediately stopping the vehicle and providing assistance to the casualties, even though he suffered from the injury of the cryp, etc. in which there are no open cryp, etc. in need of treatment for about two weeks, but failed to take necessary measures such as providing assistance to the casualties.

2. The Defendant violated the Road Traffic Act (driving) at the time and time stated in the above paragraph (1), and the Defendant is under the influence of alcohol of about 0.075% in the section of about 1km from the front of the restaurant located in the Gangseo-gu Busan Metropolitan City, to the Busan Gangseo-gu's underground parking lot.

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