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(영문) 서울중앙지방법원 2018.07.26 2017고단8667
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc. of Specific Crimes"), and a person who is engaged in driving of a BDD car.

On October 05, 2017, the Defendant driven the above car at around 02:16, and led the Defendant to proceed along the two-lanes between the moving zone and the moving zone, which is located in Seocho-gu Seoul.

In such cases, the driver of a motor vehicle has a duty of care to take a full account of the traffic situation of the motor vehicle well and to safely manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected to drive so under the influence of alcohol and went on the right-hand lane at the three-lanes of the Victim C (39 S) who was driving by negligence over the right-hand lane, and received the left-hand side part of the D-hand penter of the D-hand vehicle driving by the Defendant with the right-hand side of the D-hand penter car.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and escaped without taking necessary measures, such as aiding and abetting the damaged person while destroying the above straw so that approximately KRW 1,842,593 of the repair cost.

2. Around October 5, 2017, the Defendant was driving a Bdisolar car at the 17km section while under the influence of alcohol with approximately 0.171% alcohol concentration around the salt hold 0.171% in the vicinity of the new town in Gangnam-gu Seoul Metropolitan Government on the road located in the new town in Gangnam-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1), 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime.

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