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(영문) 서울중앙지방법원 2020.08.14 2020고단2677
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On November 9, 2006, the Defendant was issued a summary order of KRW 1 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. A person who is engaged in driving a motor vehicle at the NAS 2nd following a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On March 5, 2020, the Defendant driven the said car while under the influence of alcohol 0.211% of blood alcohol concentration around 23:00, and led the Defendant to move to the direction of the alternate three-way distance from the Dives of Seocho-gu Seoul Metropolitan Government.

In such cases, a driver of a motor vehicle has a duty of care to check the safety of the course by checking well the right and the right before the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded along the five-lanes of the 5-lane distribution, which the victim E (hereinafter, 28 years old) driven by five-lanes of the 5-lane of the 5-lane distribution, received the front part of the 28-lane patrol vehicle as the front part of the car of the Defendant.

Ultimately, in a situation where normal driving is difficult due to the influence of alcohol, the Defendant: (a) by negligence in the course of business as seen above, inflicted injury on the victim E, such as climatic salt, etc. requiring a medical treatment for about two weeks; and (b) inflicted injury on the victim G (mama and 46 years old); (c) at the same time, the Defendant got injured by the victim G (mama and 46 years old); and (d) did not take necessary measures such as providing relief to the victims by immediately stopping the said patrol vehicle while destroying the said 2,90,313 won.

2. Violation of the Road Traffic Act (driving) is under the influence of alcohol by the Defendant from the Seocho-gu Seoul Metropolitan Government Htel parking lot to the entrance of Goyang-gu, Goyang-gu, Seoul to approximately approximately 27 km from the Gtel parking lot.

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