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(영문) 서울중앙지방법원 2020.11.19 2020고단5841
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car Benz C220.

On July 16, 2020, the Defendant driven the above vehicle while under the influence of alcohol at 00:31% of alcohol level 0.268%, and neglected his duty of care to observe the two lanes and drive it by looking at the traffic status of the left, while driving the said vehicle at the intersection of the front insolvency park in Gangnam-gu Seoul Metropolitan Government from the jurisdiction of the Seoul Customs office to the intersection of the sex large intersection of the two lanes at the intersection of the Seoul Customs office, while neglecting the duty of care to drive it by properly examining the traffic status of the left and right, and entered the intersection as the right side of the victim D (Nam, 50 years old) who is driving at the right side of the Defendant.

After all, the Defendant was driving under the influence of alcohol as above, and due to such occupational negligence, the Defendant suffered injury to the said victim and the victim FF (Nam, 42 years of age) who was on board the said taxi for about two weeks of medical treatment, and at the same time, the said taxi was damaged by approximately KRW 1,137,818 to repair cost, and the said central separation zone was destroyed by approximately KRW 2,189,539 to repair cost, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement of the police officer concerning D's legal statement of the defendant, the statement of traffic accident F, and the actual situation investigation report;

1. Report on the situation of a drinking-driving driver on a notice slip as a result of the drinking control;

1. Babbbbbox images and vehicle photo CDs, respectively;

1. Application of Acts and subordinate statutes to a written estimate for repair and a written estimate investigation report (examination of accident image);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Road Traffic Act as to the crime in question.

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