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(영문) 서울북부지방법원 2016.11.10 2016고단3185
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. A person who is engaged in driving service of freight Class C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents).

On June 19, 2016, the Defendant driven the above cargo vehicle while under the influence of alcohol of 0.147% with blood alcohol concentration around 17:00, and driven the above cargo vehicle on the front of Dongdaemun-gu Seoul Metropolitan Government D, along the three-lanes of the four-lane road, from the surface of the river basin in which it was raised to the new air basin.

At that time, since the FK7 car of the victim E(n, 49 years old) driving was a traffic signal stop at that time, there was a duty of care to prevent accidents due to changing the vehicle line to a person engaged in driving of a motor vehicle or decreasing the speed.

Nevertheless, the defendant neglected to stop a signal waiting vehicle due to negligence, and caused the back portion of the F K7 car of the victim E driving, which was the front portion of the vehicle of the defendant's driver's vehicle, and due to the shock, caused the victim's G(7 years old) driving which was standing in front of the above K7 car of the victim's vehicle, to get the back portion of the victim's G (7 years old) driving.

Ultimately, the Defendant by such occupational negligence inflicted an injury on the victim E with salt, tensions, etc. on the victim I (the age of 17) who was on the victim E driver's car for about two weeks of treatment, and inflicted an injury on the victim J. (the age of 15) such as catum catum, tensions, etc. requiring approximately two weeks of treatment, injury on the victim J. (the age of 15) of catum catum catums, tensions, etc. requiring approximately three weeks of treatment days, injury on the victim G to the victim K (the age of 74) who was on the part of the victim's car for about four weeks of treatment. At the same time, the Defendant suffered an injury on the victim K. (the age of 74) that was on the part of the victim's car for about four weeks of treatment, including approximately 5,154,150,150, 150, G.

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