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(영문) 서울중앙지방법원 2019.11.26 2019고단5544
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 who are engaged in driving a car in B Dota Camp.

On August 13, 2019, at around 01:20, the Defendant driven the said car while under the influence of alcohol with 0.156% of blood alcohol concentration, and led the 468 large distance from the Gangnam-gu Seoul Metropolitan Government Station to the private distance at the entrance of the Roman apartment.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, despite the fact that the Defendant neglected this, while driving a vehicle stop signal while in violation of the signal, the Defendant got off the front part of the driving of the victim C(20 years old) to turn to the left in accordance with the new scisco distance from the Scisco distance protection area of the Madsung Elementary School.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim’s impairment of the sponsive nature and sponsion of the two weeks of treatment, and at the same time escaped without taking measures, such as stopping the car to the extent of 19,68,000 won, such as the exchange of the front offender, while the repair cost, such as the exchange of the vehicle for the front offender, was destroyed to the extent that the vehicle was destroyed to the extent, and

2. Around 01:20 on August 13, 2019, the Defendant driven a B B B B B Dota Camp-ri vehicle under the influence of alcohol concentration of 0.156% from the 3km section of approximately 3km away from the 3km road in front of the Gangnam-gu Seoul school basin to the station of Gangnam-gu Seoul, Gangnam-gu, Seoul, to the road prior to the 468rd road.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the CD reproduction and viewing;

1. C's statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the current status of driver;

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