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(영문) 서울중앙지방법원 2020.05.19 2019고단8045
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2017, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Ansan District Court’s Ansan Branch.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving BMW automobiles;

On September 5, 2019, at around 00:47, the Defendant driven the said car while under the influence of alcohol of 0.198%, and led Jongno-gu Seoul to proceed to the front side of the Seoul Jongno-gu Seoul Non-Fire Prevention Station (D elementary school).

At the same time, the U.S. is only permitted, and the entry into the D Elementary School is prohibited, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle according to good faith.

Nevertheless, the Defendant was aware of the direct promotion permitted zone and received the front part of the Victim E (Nam, 39 years old) driving in accordance with the new heading from the Hanyang-distance gate of the Hanyang-si located in the Hanyang-si located in the Hanyang-si located in the boundary of the D elementary school. The front part of the Defendant’s driver’s car was followed by the lower part on the left side of the Defendant’s car.

Ultimately, the Defendant, by such occupational negligence, sustained each injury to the above victim and the victim G (the 32 years old), who was a passenger of the said benz car, by causing approximately two weeks of medical treatment, such as salt ties and tensions, etc., and at the same time, the benz car repair cost was damaged to the extent that 12,101,606 won was damaged and escaped without taking any measures such as aiding the victim by stopping the said car immediately.

2. Around 00:47 September 5, 2019, the Defendant was driving BMW car at the section of approximately 80 meters of blood alcohol concentration from around 0.198% to the front road of Seoul Jung-gu via the accident site of paragraph 1 above on the front road of Jung-gu Seoul, Seoul.

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