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(영문) 서울동부지방법원 2017.03.30 2017고단39
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

1. On December 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize) driven the said car while under the influence of alcohol content of 0.079% among blood transfusions on December 21, 2016, and led the Defendant to drive the said car at a speed of 0.079%, along the four-lanes of the six-lane road in front of the Seoul Gangdong-gu Seoul Metropolitan Government Dtel, at the speed of the tent heading distance from the edge of the street.

At the time, there is a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as making it possible for a person engaged in driving a motor vehicle to live well on the right and the right of the front, operating steering devices, and operating brakes accurately.

Nevertheless, the Defendant neglected this and did not discover the victim E (62) who was leading the handcul in the opposite direction of six-lanes by the negligence of changing the way in six-lanes without permission, while under the influence of alcohol as seen above, and received the victim as the front part of the car driving by the Defendant.

Ultimately, even though the Defendant suffered from an injury to the above victim due to the number of days of treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. On the date and time set forth in paragraph 1, the Defendant driving the said vehicle under the influence of alcohol content of at least 0.079% from the 2km section of the blood alcohol level on the side of the Southern-dong, Gangdong-gu, Seoul, Gangdong-gu, Seoul, to the front side of the 90-ro, Jin-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, E, and H;

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

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (including each accompanying document);

1. Article 5-2 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-2 of the Criminal Act.

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