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(영문) 서울서부지방법원 2018.02.06 2017고단2326
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

The Defendant is a person engaging in driving a BMW car.

1. On July 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Act on Traffic of Roads (or the measures not taken after an accident) driving the said vehicle while under the influence of alcohol of 0.214% during blood transfusion on July 5, 2017, and driving the said vehicle on the south of Yongsan-gu Seoul Metropolitan Government, and driving the said vehicle on the south of Korea from the north to the south of the Korean intersection, and changing the lane from the south of Yongsan-gu to the south of the six-lane.

When changing a lane to a person engaged in driving of a motor vehicle, he/she has a duty of care to operate a direction direction, etc. to give notice of change of course, and to change the lane in the future and the right and the right and the right and the right and the right

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the lane into one lane, caused the victim F(n, 49 years of age) to fall into the left side of the Defendant’s passenger car by driving the GMW car driving by the victim F(n, 49 years of age).

As a result, the Defendant suffered from an injury to the victim, such as catum salt in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant, while destroying damaged vehicles to the extent of KRW 4,583,250, such as the exchange of the front driver, failed to immediately stop and take necessary measures, such as providing relief to the injured party.

2. Around July 19:15, 2017, the Defendant driving a e BM car under the influence of alcohol content of approximately 0.214% from the 3km section of Seocho-gu Seoul, Seoul, from “the frequency of Jeju Island” to “the 19:30 on July 5, 2017, at around 19:30 on July 5, 2017, the Defendant: (a) driven a e BM car under the influence of alcohol content of about 0.214% from the 3km section of alcohol.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of witness F;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to the results of viewing visual images CDs;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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