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(영문) 서울남부지방법원 2013.11.18 2013고단3599

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of BL125 Obane.

On August 20, 2013, while under the influence of alcohol on 0.176% of the blood alcohol concentration, the Defendant driven the above Otop, while driving the above Otop in front of the “Real Estate” located in the Guro-gu Seoul Metropolitan Government Awning-dong, and left the right to the left on the side of the Awning distance by failing to properly consider the traffic conditions at the right and the right and the Defendant’s failure to enter the road, thereby moving the road to the right and left the road. The Defendant got the victim C (the South, 19 years old) driving the DCA 1105 Orba in front of the Defendant’s Otop to the right and right and left the road.

As a result, the Defendant, by negligence in the above business, sustained injuries to salt and tensions in the right part, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the above CA110V 288,000 to ensure that the repair cost is 28,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of drivers and an investigation report (a re-specific for blood alcohol concentration);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, 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 concerning facts constituting an offense;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which

1. Selection of imprisonment with labor;

1. The Criminal Act among concurrent crimes.