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(영문) 서울북부지방법원 2018.11.01 2018고단2314
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

【Criminal Records of Crimes】 On November 9, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic laws at the Seoul Northern District Court on the grounds of a violation of road traffic laws. On June 30, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic laws (drinking driving) at the Sungnam branch court of the Seoul Northern District Court on the ground of a violation of road traffic laws.

【Criminal facts】 The Defendant is a person who is engaged in driving a rocketing car.

On February 19, 2018, the Defendant driven the said car under the influence of alcohol level of 0.142% among blood transfusions on February 23:3:35, and led the Defendant to drive the bicycle track on the right side of the 320 Do 4th line as Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, in the direction of military traffic.

In such cases, a person engaged in driving duties shall not drive under the influence of alcohol, and he/she has a duty of care to accurately operate the steering gear and brake system in accordance with the new code, to care well on the right and the right, and to prevent accidents in advance by driving safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding as it is while neglecting it, and was driven by the victim D (28 tax) driving by by bypassing at the front bank of the Defendant at the time-mained, the lower right side of the Defendant’s passenger car was in front of the Defendant’s passenger car.

As a result, the Defendant committed the above occupational negligence to the victim F(F, 23 years old), and the victim G(23 years old) who was on a passenger car of the victim, and the victim G(23 years old), without taking measures such as aiding and abetting the victim while destroying and damaging the above high-speed car repair cost of KRW 1,383,820.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the occurrence of each traffic accident by the victims;

1. A survey report on the actual condition of traffic accidents (1), and (2);

1. Each written diagnosis;

1. Written estimate;

1. A report on detection of a driver at the State and an investigation report (the above Dmark formula application) 1.

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