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(영문) 서울북부지방법원 2014.12.18 2014고단3555

특정범죄가중처벌등에관한법률위반(도주차량)등

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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. Around 02:00 on August 31, 2014, the Defendant driven B K5 cars while under the influence of alcohol exceeding 0.05% of blood alcohol concentration on the 3km section of approximately 3km from the roads near the Nowon-gu Seoul Special Metropolitan City Nowon-gu, to the roads in front of the lubing site located in Gangnam-gu, Seoul Special Metropolitan City to the roads in front of the lubing site.

2. On August 31, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (and the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (and the Act on the Aggravated Punishment, etc. of Road Traffic) driving a car listed in the said paragraph (1) as of August 31, 2014, and driving the said car at around 05:25, and driving the said paragraph (1) on the right-hand side in front of the Dmat in Seoul Northern-gu C at the right-hand side of the road at the right-hand side of the road, by negligence in violation of the traffic signal apparatus at the right-hand side of the road in front of the road in front of the road, thereby causing the above victim and the victim (the 57 years old and H (the 57 years old) to suffer damages such as salt for treatment of each of the said 2 weeks, and at the same time, the said 308 KAC and the above 385 years old car were stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime at issue;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.