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(영문) 서울중앙지방법원 2020.10.21 2019고단5532
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for a crime referred to in Article 201 (1) and Article 8104 (2).

Reasons

Punishment of the crime

On December 7, 2006, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 4,500,000 for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 7, 2006. On May 14, 2010, the Defendant was issued a summary order of KRW 4,50,000 for the same crime, etc. at the Seoul East East District Court on February 11, 2015. On August 25, 2017, the Defendant was issued a summary order of KRW 7,00,000 for the same crime, etc. at the Suwon District Court on August 25, 2017.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a BMW car;

On August 15, 2019, the Defendant, without obtaining a driver's license on August 15, 2019, driven the said car while under the influence of alcohol of 0.19%, and led to the driving distance of D Hospital in Gangnam-gu Seoul Metropolitan Government to proceed from the bankruptcy park area to the new site.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, despite the fact that the Defendant neglected this, the part of the front part of the victim E(53 years old) driving in the front part of the victim E(53 years old) driving in accordance with the new bM5 vehicle due to negligence in the course of the vehicle stop signal in violation of the signal, was received as the front part of the above BM car by the Defendant driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions, which require treatment for about two weeks, and, at the same time, escaped without taking measures such as aiding and damaging the said SM5 car to the extent that the repair cost, such as the exchange of 8,312,983 won in front of the said SM5 car, was destroyed and damaged by the said SM5 car.

2. Violation of the Road Traffic Act;

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