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(영문) 서울서부지방법원 2013.03.14 2012고단2572

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The defendant is a person who drives a Cren car.

On September 30, 2012, the Defendant driven the said car under the influence of alcohol of 0.118% with blood alcohol concentration 07:05, and was driving the said car at a speed of 0.118%, and was driving the road front of 165-8, Mapo-gu Seoul, Mapo-gu, Seoul at a speed of speed from the side of the Hong National University to the East-dong intersection, leading to the direction of the intersection intersection distance.

A person engaged in driving service has a duty of care to check the safety of the course by properly examining the right and the right of the way prior to the right of the right of the right of the right of the right of the right of the right.

Nevertheless, the Defendant neglected this, while under the influence of alcohol, received a part of the victim D(33 years of age)’s e-coos gate part of the right gate of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the car of the Karen,

At the same time, the Defendant got injured by the victim D and the victim F (n, 29 years of age) who was on board the said Ecoos car due to the above occupational negligence, and had the victim F (n, 29 years of age) suffer from the injury of the coos, etc. of the coos, which requires treatment for about two weeks, and, at the same time, did not stop the said Ecoos car without taking necessary measures, such as providing relief to the victim, even if it damages the coos car to the amount equivalent to KRW 13,7

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement A and F;

1. A traffic accident occurrence report;

1. A written request for appraisal of blood alcohol concentration and a report on investigation;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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