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(영문) 서울서부지방법원 2020.02.20 2019고단4134
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

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person who is engaged in driving a motor vehicle B high-speed.

On October 23, 2019, at around 22:50, the Defendant driven the said car under the influence of alcohol concentration of 0.085% without a driver’s license, and led the Defendant to drive the said car along the three-lane prior to “D” in Eunpyeong-gu Seoul Metropolitan Government.

At the time, the victim E (the age of 87) was at night and at the front of the day, leading the hand, so in such a case, the driver of the vehicle has a duty of care to properly see the front-time time and to prevent the accident by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected to do so and got the victim's knife that was towed by the victim in the reverse direction of the progress direction due to negligence, and got the victim's knife to the front part of the car.

Ultimately, even if the Defendant suffered injuries, such as salt, tension, etc., of the entire species of light that require approximately two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) without a vehicle driver’s license as set forth in paragraph (1) of this Article, while under the influence of alcohol, the blood alcohol content was 0.085%, a vehicle with approximately 5 km from the front of Eunpyeong-gu Seoul to the front of G at the road of Eunpyeong-gu Seoul to the front of Eunpyeong-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Road Traffic Act as to the crime in question.

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