(영문) 서울중앙지방법원 2019.01.30 2018고정2252

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(영문) 서울중앙지방법원 2019.01.30 2018고정2252

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a motor vehicle B with the highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On July 14, 2018, the Defendant driven a high-speed car around 10:40, and led the five-lane road in front of the high speed terminal in Seocho-gu Seoul, Seocho-gu, Seoul, to drive at a speed of 222 lanes, depending on the two-lane distance, depending on whether it is able to use the high speed terminal.

At the time, the Defendant was behind the victim C(the age of 47) driving in the same direction, and as such, the Defendant had a duty of care to ensure that a person engaged in driving service should take into account the situation, secure a safe distance so that he can avoid when he stops a girr vehicle, and accurately manipulate the brakes and other devices of the vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not see that girra-car is slowly driven by the traffic congested at the front end, and received by negligence the following part of girra-car into the front right part of the passenger car, which was driven by the lower end.

Accordingly, the Defendant suffered injury, such as salt, tension, etc., to the victim for about 13 days in need of hospital treatment due to the above occupational negligence, and at the same time, the Defendant fleded without immediately stopping the glar car owned by the victim E, and without taking necessary measures, such as providing relief to the victim.

2. While the Defendant was under the influence of alcohol by 0.122% at the time stated in paragraph (1) of this Article, the Defendant was driving a 2km car from the front of Seoul Gangnam-gu to the front road in front of the Seoul Seocho-gu New Distribution Road to the front road in the vicinity of the speed terminal distance of Seoul Seocho-gu.

Summary of Evidence

1. Defendant’s partial statement

1. C. Statement 1.

참조조문

-도로교통법

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