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(영문) 서울서부지방법원 2019.07.18 2019고단1804
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 1, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million for the same crime in the same court on September 24, 2015, respectively.

At around 18:00 on May 19, 2019, the Defendant driven an E rocketing car at approximately 6.3km from the 6.3km parking lot located in Eunpyeong-gu Seoul Metropolitan Government on the front of the cafeteria, Seodaemun-gu, Seoul, under the influence of alcohol level of 0.184%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol more than twice while driving a motor vehicle.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving E rocketing motor vehicles.

On May 19, 2019, the Defendant, while under the influence of alcohol 0.184% from blood alcohol level around 18:00, the Defendant committed the crime against Victim F, operated the said car, and proceeded two-lanes on the two-lane road in front of the new-lane 401, Eunpyeong-gu Seoul, Seoul, with a flow of 0.184% from 0.18:0.0, the two-lanes in front of the new-lane 401.

At the time, in this case, in the state of rain and milch, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left, and right and right of the motor vehicle and the steering gear.

Nevertheless, the Defendant neglected to do so and did not check the front door while under the influence of alcohol, and tried to see the part of the victim F(24 years old) driving, which was stopped in the signal atmosphere with the front part of the above vehicle by negligence.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above, and at the same time, approximately KRW 1,395,942.

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