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(영문) 서울중앙지방법원 2015.03.18 2014고단8729

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

1. On October 25, 2014, the Defendant driven a Esch Rexroth car in the state of alcohol with approximately 0.155% alcohol concentration from approximately 294m section from the Gangnam-gu Seoul Metropolitan Government 109-6 front to the D front Road on October 25, 2014.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are the defendants engaged in driving motor vehicles Esch Rexroth;

On October 25, 2014, at around 04:25, the Defendant driven the said car under the influence of alcohol, as described in paragraph (1), and proceeds from the front side of Gangnam-gu Seoul Metropolitan Government D's Dong-do road from the front side of the Dong-dong road to the academic Dong-dong.

Access to a private distance has been made.

Since there are three-lanes of the road more wide than the one-lane road in which the Defendant is driving, the driver of the vehicle has the duty of care to give priority to the person engaged in driving the vehicle and to prevent the accident in advance by yielding the course to the vehicle if there is another vehicle seeking to drive the road from a wide road.

Nevertheless, the Defendant neglected this and got the front wheels of G2-wheeled Motor Vehicle operated by the Victim F (33 years of age) who was proceeding in the right direction of the Defendant’s vehicle from the right side of the passenger vehicle to the left side by his negligence.

As a result, the Defendant suffered injury to the above victim, such as snow water sampling, which requires approximately six weeks of medical treatment due to occupational negligence, and at the same time, destroyed the above two-wheeled automobile so that repair expenses, such as press correction, can be seen as 2,262,00 won, and escaped without taking necessary measures, such as aiding the victim by stopping it immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The actual condition of traffic accidents;

1. Exemplary drivers;