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(영문) 서울서부지방법원 2016.09.29 2016고단2385
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 of Cone Star vehicle in violation of the Act on the Aggravated Punishment of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On July 16, 2016, the Defendant driven the above vehicle under the influence of alcohol level of 0.123% during blood transfusion around 09:27, and led to the two-lane road in front of Mapo-gu Seoul Metropolitan Government along the network at a speed of about 30km depending on the network-based basin from the network-based flood protection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the steering gear and brake system of the motor vehicle, such as keeping the front door well and accurately operating the steering gear of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting to keep the front room well, and was negligent in proceeding at the front section of the Defendant’s vehicle, and was driven by the victim E (33 Do) driving in the front section of the Defendant’s vehicle, followed the Defendant’s vehicle and then received the front part of the Defendant’s vehicle’s left-hand.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim E, such as climatic salt, etc. in need of approximately two weeks of medical treatment on the back of the damaged vehicle, and inflicted an injury on the climatic salt, tension, etc. in need of medical treatment for about two weeks on the victim G (the age of 58) who was on board the back of the damaged vehicle, and suffered an injury on the victim H (the age of 3) of the same passenger, such as chromatic salt, tension, etc. in need of medical treatment for about one week, and escaped without taking measures, such as providing relief to the victims, even if the said damaged vehicle is damaged to KRW 687,402, while stopping immediately.

2. The Defendant violating the Road Traffic Act (drinking) is under the influence of alcohol 0.123% in blood alcohol level from the roads near the office of Mapo-gu Seoul Metropolitan Government Manwon-dong, to the roads in front of Seoul Mapo-gu, the Defendant is under the influence of alcohol at a level of about 700 meters.

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