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(영문) 서울남부지방법원 2020.11.12 2020고단633
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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) was a person engaged in driving a passenger car Benz B200 on December 17, 2019, and the Defendant driven the said vehicle while under the influence of alcohol at 0.224% of blood alcohol level on December 17, 2019, and made the front road of Yeongdeungpo-gu Seoul Metropolitan City turn to the left at a low speed of two-lanes between the four-lanes in the direction of the side of the park at the seat of the park.

At that time, there is an intersection where traffic is frequent, and there is a vehicle driving line on the road surface, a person engaged in driving a motor vehicle shall turn to the left according to the vehicle driving line, and there was a duty of care to prevent accidents by driving the motor vehicle safely by keeping the traffic situation on the front side and the right side safely.

Nevertheless, the Defendant neglected this and received the left-hand turn at the right-hand turn of the victim D (the age of 56) who was fright-hand turn at a two-lane without following the vehicle leading line at a two-lane under the influence of alcohol, by the negligence of the victim D (the age of 56) who was under the left-hand turn.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks, and sustained injury to the victim FF (hereinafter “FF”) who was on board the back stone for about two weeks, such as catum salt, etc. in need of treatment, and escaped without taking necessary measures, such as providing relief to the victims, even if the Defendant immediately stopped.

2. On October 12, 2017, the Defendant was issued a summary order of KRW 5 million by the Seoul Southern District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】 On the date and time indicated in paragraph (1), the Defendant is in the blood alcohol concentration of approximately 4 km from the G department store in Yeongdeungpo-gu Seoul to the front road in the same Gu C.

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