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(영문) 서울동부지방법원 2020.02.14 2019고단3417
특정범죄가중처벌등에관한법률위반(도주치상)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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving service of automobiles in B B in the zone;

On May 29, 2019, the Defendant driven the said car while under the influence of alcohol more than 0.05% of alcohol concentration at around 01:53 on May 29, 2019, and proceeded along the two-lanes from the front line of the Gwangjin-gu Seoul Special Metropolitan City, the front line of the Dong-gu Seoul Special Metropolitan City, to the front line of the military guard, and changed the course into three-lanes.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the brakes and steering gear so as to prevent accidents.

Nevertheless, the Defendant neglected this and caused the damage to the right side of the victim D(the age of 41) driving, which was driven in the three-lanes by changing the course to the three-lanes, to the front end side of the passenger car in the E QM3 in the T-gu.

Ultimately, the Defendant caused injury to the victim D, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to such occupational negligence, and at the same time, the Defendant destroyed the said QM3 car and left the scene without taking necessary measures, such as immediately stopping the car and providing relief to the victim, so that the repair cost equivalent to KRW 2,184,330, such as the exchange of the front panioner.

2. On May 29, 2019, the Defendant, while under the influence of alcohol from around 01:36 to around 02:02 of the same day, driven a vehicle in B e-gu from the F parking lot located in Gwangjin-gu Seoul to the front day of the H elementary school located in Dongdaemun-gu Seoul, with a level of at least 0.05% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Hearing each statement made to D and I;

1. The report of internal investigation (No. 9) and each investigation report (No. 11, 12).

1. The actual condition survey report;

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