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(영문) 서울중앙지방법원 2018.11.30 2018고단6947
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two 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 motor vehicle B in a manner that violates the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Aggravated Punishment, etc.") and the Road Traffic Act (after an accident).

On August 4, 2018, the Defendant driven the above vehicle while under the influence of alcohol content 0.171% during blood transfusions on August 4, 2018, and led to the flow of Gyeongnam apartment tri-ro 9 in Seocho-gu Seoul Metropolitan Government, Seocho-gu, to the station of the Arts Center from the edge of the Arts Center.

The location had a duty of care to safely drive a motor vehicle in accordance with the signals, by reducing the speed for those engaged in driving the motor vehicle on the intersection along which signal, etc. is installed, and by checking well the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle driving signal to the stop signal, and neglected to do so, and caused the above intersection to the left-hand side of the victim C(60) driveed by the victim C(60) who left-hand to the left-hand turn from the station of the station line from the station of the station. The Defendant shocked the front-hander on the left-hand side of the driver's vehicle and the front-hand side of the left-hand side of the driver's vehicle.

Ultimately, the Defendant suffered two parts of the victim C in need of approximately two weeks’ medical treatment due to the above occupational negligence, and, at the same time, escaped without taking necessary measures, such as immediately stopping the victim and providing relief to the victim, even though the Defendant destroyed the rocketing taxi owned by the transportation company, a transportation company, for the victim large-scale promotion business, to cover KRW 2,575,258 repair costs, such as exchange of the victim large-scale taxi.

2. On August 4, 2018, the Defendant was under the influence of alcohol level of 0.171% in blood, around 02:13, the Defendant driven a B SP-type car from the section of about 5 km from the section of the Seoul Seocho-gu Seoul Metropolitan Government to the 3-distance of the Seoul apartment site located in the same air route, from the roads near the subway Station located in Seocho-gu, Seoul Metropolitan Government to the 3-lane of the Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. The report on the actual condition of survey and the occurrence of any traffic accident;

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