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(영문) 서울북부지방법원 2019.08.22 2010고단1669

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On May 6, 2010, the Defendant, without obtaining a driver’s license around 02:26 on May 6, 2010, operated the B windowtom car from the Scaron distance of 714 Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, with a blood alcohol concentration of 0.201%, and operated a two-lane between the two-lanes in the direction of the Nowon-gu Nowon Station in the direction of the Nowon Station.

When the Defendant was negligent in proceeding in violation of the stop signal of the intersection due to the above shooting distance, the Defendant met the front part of the victim C (the 44-year-old driver) driving D taxi in front of the victim C (the 44-year-old driver) driving in the intersection in accordance with the normal signal from the right side of the Defendant’s running direction. Due to the above traffic accident, the victim C was faced with the cerebral wave requiring approximately two weeks medical treatment due to the above traffic accident, and the victim E (the 18-year-old driver), who was aboard the above damaged vehicle, damaged the victim E (the 18-year-old driver), by causing about three weeks of medical treatment, at the same time, the victim E (the 18-year-old driver), which is in need of approximately 4,459,380 won of the repair cost on the damaged vehicle.

Nevertheless, the Defendant immediately stopped and did not take measures such as aiding and abetting the victim, but escaped as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Statement in the circumstances of a host driver and report on detection of a host driver;

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to traffic accidents, actual and supplementary statements prepared by E;

1. Article 152 Subparag. 1 and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10382, Jul. 23, 2010); Articles 148 and 54(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 5-3(1)2 and 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.