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(영문) 서울중앙지방법원 2018.07.18 2018고단1039
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[criminal history] On March 2, 2012, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (drinking driving) at the inn of the Suwon Friwon, and on November 30, 2017, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law (drinking driving) at the Seoul East District Prosecutors' Office.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a franchise-low-low-income vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the injury).

On November 22, 2017, the Defendant driven a low-income motor vehicle under the influence of alcohol content of 0.123% during blood transfusion 22:5 on November 22, 2017, and led to the driving of the low-income motor vehicle according to one-lane between the five-lane distance in the direction of the Gu Phopy apartment in the direction of the common zone of the Gu, the Gu, the area of which is located in Gangnam-gu Seoul.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear.

Nevertheless, the defendant neglected this and did not discover the Franion car of the victim E (42 tax) driving, which was driven in a two-lane while driving along a one-lane, and changed the direction to the right side without finding the Franion car of the victim E (42 ). While changing the direction to the right side, the part on the left side of the damaged passenger's car was received as the part on the right side of the defendant's franchise.

As a result, the Defendant, by the above occupational negligence, sustained injury to the right shoulder and the left-hand gate, which requires treatment for about two weeks, and at the same time escaped without taking necessary measures such as aiding and damaging the victim's low-income motor vehicle to the extent that 7.10,000 won of repairing expenses, such as cutting back a rier, etc., and immediately stopping the victim and aiding the damaged person.

2. The accused has been punished twice for a violation of traffic laws on roads and traffic laws on roads.

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