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(영문) 서울서부지방법원 2013.07.18 2013고단1112

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On 06:20 on 01.04. 06:06.20, the Defendant driven a CNF rocketing taxi with a blood alcohol level of 0.093%, and received a part front of the right side of the said taxi from the victim D (the age of 59) who was driven by the victim D (the age of 59) who was driven in the direction of the said taxi due to an occupational negligence while making a left-hand turn to the direction of the station in the direction of the station in the direction of the station in the direction of the station at the intersection of Eunpyeong-gu Seoul Metropolitan City, Eunpyeong-dong 90-14, while making a left-hand turn to the direction of the station in the direction of the station.

이로써 피고인은 위와 같이 피해자에게 약 12주간의 치료를 요하는 제3요추챈스 골절 등의 상해를 입게 하고도 즉시 정차하여 피해자를 구호하는 등의 조치를 취하지 아니하고 그대로 가 도주하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act; Selection of imprisonment with prison labor for the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing on discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (compactivity, self-denunciation, and insurance disposition) reflects his or her mistake, surrenders himself or herself, and take into account the fact that the defendant was sentenced to a fine and was sentenced to an insurance management, but the degree of injury suffered by the victim is serious and is not agreed with the victim, etc.