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(영문) 서울동부지방법원 2016.09.22 2016고단1058

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Exemplary Vehicles) was a person engaging in driving of CAD vehicles, and the Defendant driven the said vehicle under the influence of alcohol concentration of 00:50 on February 12, 2016, while driving the said vehicle at around 00:13% under the influence of alcohol concentration of 0.133% on blood, and turn the service distance prior to Seongdong-gu Seoul Metropolitan Government D to a non-school and return to the left.

At the time, the Defendant’s front-hand signal is a red signal and the Defendant’s left-hand turn is in the front line of the victim E driving F K5 taxi in the opposite side of the room, so in such a case, the Defendant engaged in driving is under the influence of alcohol and is obliged to safely stop according to the signals of the stop, but the Defendant was at the front part of the damaged vehicle due to the negligence of excessively manipulating the steering place while making a left-hand turn.

Ultimately, the Defendant, by such occupational negligence, escaped without taking the necessary measures such as providing relief to the injured party E (hereinafter “victim”) by failing to immediately stopping, even though he/she suffered injury to the injured party G (59 years old) with approximately 6 weeks of the number of units, which requires the treatment of the injured taxi for about 3 weeks, and by failing to take necessary measures, such as providing relief to the injured party by immediately stopping.”

2. Defendant 1 driven a C-A-car under the influence of alcohol concentration of 0.13% in blood at the same time, place, and at the same time and place as the above 1.1.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness of H;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement to G and E;

1. A survey report on actual situation, a report on dispatch to the scene, a report on the detection of a driver at the main place, a report on the situation of the driver at the main place, a criminal investigation report (box stuff- damaged taxi), a criminal investigation report (verification of CCTV- damaged taxi), and a criminal investigation report (STV Error verification);

1. Each photograph and diagnostic document;

1. Application of the Acts and subordinate statutes governing black stuffs and CCTV images;

1. Criminal facts;