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(영문) 서울중앙지방법원 2016.12.21 2016고단7314
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cenz motor vehicles.

On April 29, 2016, the Defendant driven the said car with a blood alcohol content of 0.074% 0.074% around 23:10 on April 29, 2016, and led the Defendant to drive the said car in accordance with the first four-lane between the first four-lane 4-lane in the distribution ICT room of the Seocho-gu Seoul Metropolitan Government 17-No. 26-ro, distribution, packing apartment, 104.

At the time of night, there was a duty of care to prevent accidents due to a person engaged in driving a motor vehicle's duty of care by reducing speed and carefully manipulating steering devices, brakes, etc. and operating it safely through a safe operation of steering devices, brakes, etc. while looking at the right and right of the front and right of the road.

Nevertheless, the Defendant neglected to perform the above duty of care and took part in driving the victim D(39 years of age) driving in a normal set of the passenger car set at the passenger car set at the above benz, and received the back part of the benz sports car as the front part of the benz car.

As a result, the Defendant: (a) caused the victim D to inflict an injury on the Victim D such as salt, tensions, etc.; (b) caused the victim F (the 23 years old), who is the passenger of the said C-do sports car, to inflict an injury on the chills, tensions, etc. in need of approximately two weeks of treatment; and (c) caused the victim G (the 39 years old), who is the same passenger, to inflict an injury on the chills, tensions, etc. in need of treatment for about two weeks of treatment; and (d) at the same time, destroyed the said C-Do sports car to receive an amount equivalent to KRW 996,257 of repair cost, such as the exchange of back chillers; and (e) did not immediately stop the car and take necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (official application of the Ba mark);

1. D. D.

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