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(영문) 서울남부지방법원 2019.07.23 2019고단2380
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 23, 2019, the Defendant was driving a DNA halog car with a blood alcohol concentration of about 0.085% from the 25km section from the front of the Gangnam-gu Seoul building to the front of the Gangseo-gu Seoul apartment road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaging in driving a halog car.

On February 13, 2019, at around 23:28, the Defendant driven the said car while under the influence of alcohol, as described in paragraph (1), and led to the roads of one lane in front of the Gangseo-gu Seoul Metropolitan Government apartment complex, to the erogate from the erogate of the oil station to the erogate of the erogate.

At night, the victim F (56 years of age) was walking along the road immediately next to India, so there was a duty of care to reduce speed to the driver of the vehicle and to take measures to prevent the driver's car from conflicting with pedestrians by considering the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding with the Defendant’s vehicle, thereby facing the victim’s bridge.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., to the victim for about three weeks of medical treatment due to such occupational negligence, the Defendant left away without immediately stopping and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and imprisonment with prison labor.

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