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(영문) 서울서부지방법원 2017.06.15 2017고단759
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 B Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or Meet Prize) and the Road Traffic Act (or in violation of the Road Traffic Act).

On March 1, 2017, the Defendant driven the above cargo vehicle while under the influence of alcohol 0.113% during blood transfusions on March 1, 2017, and led to the operation of the above cargo vehicle at the 0.13-lane of Mapo-gu Seoul Metropolitan Masan-ro 128, a three-lane of the road in front of the Mapo-gu office building of Mapo-gu, Seoul, to the 2-lane of Sungsan-do.

There are three-distances where the vehicle signal, etc. is installed in the front, and there are many traffic vehicles waiting in the atmosphere according to the vehicle stop signals, so the driver has a duty of care to live well on the front side and the left side, and to accurately manipulate the steering direction and the brake system, and to prevent the accident from occurring.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the victim C (V, 51 years old) who is waiting for a signal at the front of the Defendant’s vehicle in front of the said cargo, and received the part of the Defendant’s vehicle behind the passenger vehicle in front of the said cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injuries to salt and tensions that require approximately two weeks of medical treatment, and at the same time escaped without immediately stopping the damaged vehicle and providing relief to the damaged person, even though the damaged vehicle was damaged by the repair cost of KRW 19,519,280.

2. Around 07:30 on March 1, 2017, the Defendant driving B Poter in the state of alcohol alcohol concentration of about 0.113% at a section of approximately 1km from the network source public parking lot located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, to the front road of the Gu office building, Mapo-gu, Seoul, 128.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A written diagnosis and a written estimate;

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