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(영문) 서울중앙지방법원 2015.02.13 2014고단5653

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a person who is engaged in driving of a food car.

피고인은 2014. 7. 4. 00:20경 혈중알콜농도 0.131%의 술에 취한 상태로 위 승용차를 운전하여 서울 서초구 F 인근 편도 2차로의 도로를 서초 3동 사거리 쪽에서 뱅뱅사거리 쪽을 향하여 1차로를 따라 진행하게 되었다.

At the time, there was an intersection where signal apparatus is installed at night, so the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle so that it is safe to check in advance whether the motor vehicle is parked in the front door and not.

Nevertheless, the Defendant neglected this and proceeded without accurately operating the steering gear in the state of drinking, and brought the back part of the victim G(Y, 46 years old) who stops in the front of the traffic signal at the front of the vehicle of the Defendant, with the front left side of the vehicle of the Defendant.

The Defendant, due to such occupational negligence, sustained injury to the victim G, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, escaped without any measures such as providing relief to the victim, even though the Defendant destroyed the above NA-owned NA-owned vehicles to an amount equivalent to KRW 718,848, a sum of repairing costs, such as the replacement of back-fluor, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Protocol of the police statement concerning G;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Investigation report (an investigation into the I), etc.;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Investigation report (application of the Tramark Official Form);

1. Determination as to the CD assertion that the damaged vehicle's shock photographs, shock photographs of the harming vehicle, and black images of the harming vehicle

1. The Defendant’s summary of the assertion is driving under the influence of alcohol and thus, the instant accident.