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(영문) 서울중앙지방법원 2019.08.23 2019고단3173
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by one year and six months.

However, the execution of imprisonment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:45 on May 13, 2019, the Defendant driven a DMW 18 vehicle under the influence of alcohol concentration of about 0.147% at the section of approximately 5km to the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul at around 05:50 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) driving a motor vehicle under the preceding paragraph while under the influence of alcohol at around 05:50 on May 13, 2019 and driving a motor vehicle at around 0.147% of blood alcohol concentration, and driving a motor vehicle at front of Gangnam-gu Seoul Customs Office C in front of the road bypassing it from the private street room of Seoul Customs office to the private street protection area of the school basin, the Defendant shocked the left-hand part of the victim E (E, South, 49 years old) who was signaled in the opposite direction to the upper part of the driver's vehicle, and received the left-hand part of the passenger's vehicle in front of the left-hand part of the victim G(E and 45 years old) who was waiting in the atmosphere.

At the same time, the Defendant: (a) caused injury to the victim E by such negligence in light of climatic salt, etc. requiring treatment for approximately two weeks; (b) suffered injury to the victim G, such as climatic salt, etc.; and (c) at the same time, the Defendant destroyed the repair cost, such as the exchange of climatic salt, so that the repair cost of KRW 43,164,748, such as the exchange of clifa, etc., can be seen as KRW 15,255,350, and escaped without taking necessary measures, such as providing relief to the victim.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed while escapeing together with the preceding paragraph. Damage to the crackdown on drunk driving by negligence without accurately manipulating the steering direction and brake system while under the influence of alcohol and without accurately manipulating the surrounding traffic conditions and other vehicles’ operational conditions.

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