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(영문) 서울동부지방법원 2015.06.11 2015고단907
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Wol car.

1. On April 2, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (unclaimed Measures after Accidents) driving the said body-man car under the influence of alcohol concentration of 0.094% on blood alcohol around April 21, 2015, and led the Defendant to drive the said body-man car in the influence of alcohol concentration of 0.094% on the 33th regular high school distance in Songpa-gu Seoul, Songpa-gu

Since there is an intersection where a signal is installed, a person engaged in driving service has a duty of care to safely proceed in accordance with the direction of the signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim into the ground by taking the front part of the E-motor bicycle driven by the victim D (the age of 19) who is straight from the right side of the course to the left side of the No. 19 to go beyond the ground.

Ultimately, the Defendant, due to the above occupational negligence, she suffered confluences, tensions, etc. from the victim in need of approximately two weeks of medical treatment, and, at the same time, went away without any measures such as aiding the victim, even though the Defendant destroyed a motorcycle to have an amount equivalent to KRW 2,350,000 of repair expenses.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, following the occurrence of traffic accidents as referred to in the preceding paragraph, was driving of the above body-man car and escapeing, while the blood alcohol concentration of 0.094% was drunk, and the three-lane roads in front of the 273-dong 27-ro, Songpa-gu, Seoul were driven along three-lanes from the string off of the string apartment.

On the front side, the G-learning car driven by the victim F(51) was under suspension according to the vehicle stop signal, and at the rear side, the I SM7 car driven by the victim H(47 years old) was behind.

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