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(영문) 서울중앙지방법원 2020.11.18 2020고단6199
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person who is engaged in driving vehicles B.

On August 7, 2020, at around 00:47, the Defendant driven the above soft vehicle with a 0.150% alcohol concentration 0.150% under the influence of alcohol. On August 7, 2020, the Defendant driven the two-lane of the four-lane road in front of Gwanak-gu in Seoul Special Metropolitan City at the speed of the unfluencing basin from the bed basin to the defluence

In such cases, a person engaged in driving of a motor vehicle shall not operate a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by keeping the front door well and safely driving.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect the speed of the front and the part concerning the back of the Erocketing vehicle driven by the victim D(the age of 66) who was under the influence of alcohol and was under the influence of alcohol, conflict with the part concerning the back of the Erocketing vehicle in front of the Switzerland vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim D, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and sustained injury to the victim F (V, 51 years of age), who was on board the said rocketing vehicle, for about ten (10) days of medical treatment, and went away without immediately stopping the said rocketing vehicle and taking necessary measures, such as providing relief to casualties, even though it damages the amount equivalent to KRW 1,50,552 of the repair cost.

2. Around 00:47 on August 7, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.150%, and the Defendant driven B SP vehicle from approximately 1km to the same G road in the vicinity of the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City Access Area to the same Gu.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Blue images of each of the statements D and F, and CCTV images for multi-purpose vehicles damaged by the D and F;

1. Each written diagnosis and written estimate;

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