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(영문) 서울동부지방법원 2019.05.23 2019고단473
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 (Aggravated Injury) and the Road Traffic Act (Aggravated Punishment, etc.) are those who are engaged in driving car in the Ireland.

At around 20:25 November 23, 2018, the Defendant was under the influence of alcohol content 0.13%, and around 20:25 November 23, 2018, the Defendant continued one lane prior to Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City road at a eromatic speed from the eropib of the eropic distance.

At the same time, the police officers are engaged in drinking control duties at night and at the front of the road, so in such a case, the driver of the motor vehicle has a duty of care to accurately operate steering gear, brakes and other devices and to safely drive the motor vehicle according to the road traffic situation and the structure and performance of the motor vehicle.

Nevertheless, the Defendant was driven by the victim D (the age of 50) who followed the Defendant due to his own fault and negligence, and was driven by the victim D(the age of 50).

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and, at the same time, did not immediately stop the truck owned by the victim F so that the 255,376 won of the repair cost is damaged, and escaped without taking measures, such as providing relief to the victim.

2. At the time and time set forth in paragraph (1), the Defendant driven B, while under the influence of alcohol, the blood alcohol concentration of about 0.133% from the 4.7km to the front road of Gwangjin-gu Seoul Special Metropolitan City, the road near Seongdong-gu.

Summary of Evidence

[Fact 1]

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Blucs and video CDs of damaged vehicles (the fact of No. 2 on the market);

1. Defendant's legal statement;

1. Exemplary drivers;

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