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(영문) 서울중앙지방법원 2018.11.09 2018고단6022
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. The Defendant is a person who is engaged in driving a BMW car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On July 3, 2018, the Defendant driven the said BMW car under the influence of alcohol without obtaining a driver's license of a motor vehicle on July 22, 2018, and driven the road of six lanes in the front of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, along the five-lanes of the flow distance of the new calendar, from the surface of the remote distance of the earth.

At the time, the Defendant had a duty of care to prevent accidents in advance by accurately operating the steering and brakes while keeping safety distance, while driving the Eranchising car under the victim D (n, 61 years old). In such a case, the Defendant had a duty of care to prevent accidents in advance.

Nevertheless, under the influence of liquor without a driver's license, the Defendant left the vehicle temporarily and temporarily left the vehicle to enter the road connected to the right-hand side by negligence without a driver's license, and received the rear part of the franchise vehicle in front of the BM passenger vehicle.

Ultimately, even though the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim for about three weeks of medical treatment, and at the same time destroyed a low-income motor vehicle in the repair cost of KRW 1,262,800, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

2. On July 3, 2018, the Defendant driven BM car under the influence of alcohol content of 0.272% without a driver’s license from the restaurant parking lot of G located in the Gangnam-gu Seoul Metropolitan Government F to the front road of Gangnam-gu Seoul, at around 3km from July 23:05, the Defendant driven BM car under the influence of alcohol content of 0.272% without a driver’s license.

3...

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