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(영문) 서울남부지방법원 2018.11.15 2018고단4346
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 18, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seocheon Branch of the Daejeon District Court, and on June 3, 2016, a summary order of KRW 2 million for a crime of violating road traffic laws in the Seosan Branch of the Daejeon District Court.

[Criminal facts]

1. Around 10:00 on July 22, 2018, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.178% from the 7km section of Yeongdeungpo-gu Seoul Metropolitan Government to the 120th road, around 10:10 on the road in front of the Chinese restaurant, around 30-6, the Ambassador of Yongsan-gu, Seoul, Seoul, at around 10:10 on the same day.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and a violation of the Road Traffic Act (after an accident) were driven by the Defendant around 10:10 on July 22, 2018, while driving the CF car and driving the CF car on July 22, 2018, the Defendant continued to drive the CF car at approximately 50km/h/h of speed in the direction of Seoul via the direction of the city in accordance with one lane among six-lanes in the direction of the city in the direction of the Seoul Metropolitan City under the influence of alcohol concentration of 0.178% in blood.

In this case, the driver of the vehicle has a duty of care to stop the vehicle by keeping the distance from the front while keeping the front door well and stopping the vehicle.

Nevertheless, the Defendant was negligent in driving a string while under the influence of alcohol and was negligent in not operating the brakes properly, and was driven by the victim D(I, 34 years old) waiting at the two-lanes in the front direction, following the left-hand part of the E K7 car driven by the victim D(I, 34 years old), and received a stringer in front of the right-hand part of the passenger car.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of medical treatment to the victim.

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