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(영문) 서울중앙지방법원 2016.10.26 2016고단2966

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a rocketing car.

On November 6, 2015, at around 21:10, the Defendant, while under the influence of alcohol with 0.093 percent of blood alcohol concentration, had the front road of Gangnam-gu Seoul, Seoul, to be the 86-gilh from the hon-ro 86-lane.

At the same time, there was no median line, and the time is inferior as night, so in such a case, a person engaged in driving a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to safely drive the steering gear and brakes by safely operating the steering gear and brakes by operating the steering gear and the steering system in an accurate manner, while driving the steering gear and the steering system well.

Nevertheless, the Defendant did not discover the G rocketing car of the victim F (the 35 years old), which was driven in the opposite direction without neglecting such duty of care as above, and did not discover the G rocketing car of the victim F (the 35 years old), and was given the front part of the driver's seat of the said rocketing car with the front part of the said rocketing car.

As a result, the Defendant got the victim to suffer injuries, such as salt ties, tensions, etc. during about four weeks of treatment, and, at the same time, did not stop immediately to stop the car and abscond without taking necessary measures, such as aiding the victim, even though it damages 569,534 won of the repair cost, such as the exchange of front-out vehicles, etc.

The Defendant did not know that he had shocked the victim’s vehicle at the time of the instant traffic accident, and argued that there was no need to take relief measures against the victim in light of the degree of the victim’s injury, etc., and thus, comprehensive examination of the evidence reveals that the Defendant was sufficiently aware that he had shocked the victim’s vehicle at the time of the instant traffic accident, and the preparation process and contents of the medical certificate, etc.