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(영문) 서울북부지방법원 2018.11.01 2018고단3419
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

1. Around July 27, 2018, the Defendant was driving a D motor vehicle under the influence of alcohol leveling 0.212% from the 2.5km section from the 49-lane to the 62-lane Dowing-ro, Gangseo-gu, Seoul, Gangnam-gu to the Dobong-gu, Seoul.

2. The Defendant is a person who is engaged in driving a motor vehicle with Dme as stated in the preceding paragraph, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On July 27, 2018, the Defendant driven the above car at around 00:09, and driven the road of the two-lanes in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at a speed of about 20km per hour, along the one-lane from the parallel direction to the intersection.

At the time, it was night and there was a road where a car line was installed, so in such a case, there was a duty of care to observe the lane to the person engaged in driving of the motor vehicle and thoroughly operate the steering direction and the brake system at the front time and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not properly conduct the front line in the state of full development, and instead did not properly manipulate the steering and brakes, the Defendant was negligent in changing the steering line and driving the two-lanes into the right side of the Defendant’s car, and the part of the front line of the Fstststy and other taxi driven by the victim E(63) who normally proceeds from the two-lanes.

Ultimately, the Defendant did not immediately stop the said victim’s base and tension, etc. for approximately 2 weeks of medical treatment, and did not take measures such as providing rescue to the victims G (39 years of age) and the victim H (39 years of age) by causing about 2 weeks of medical treatment. At the same time, the Defendant did not immediately stop the said cab so that the repair cost of KRW 989,578, such as the pans, etc. of the said cab would be damaged.

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