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(영문) 서울남부지방법원 2015.01.30 2014고단4711

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 who is engaged in driving a motor vehicle B.

1. On November 10, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (unclaimed Measures after Accidents) led the Defendant to proceed along six-lanes of the 7-lane distance in the direction of horse history from the area of the city of Geumcheon-gu, Seoul to the direction of horse history at the distance of the city of the city of Geumcheon-gu, Seoul.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.058%, violated and proceeded with the electric stop signal while under the influence of alcohol level 0.058%, received the back part of the right side of the victim C(62 years old) driving in accordance with the new subparagraph from the left side of the course direction to the right side of the Defendant vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the slocks, slocks, slocks, etc. in need of approximately two weeks of medical treatment to the above victim C, and suffered injury to the victim E (the victim E (the victim of 48 years of age, female) including two slocks that require approximately five weeks of medical treatment, and at the same time, escaped without immediately stopping the damaged vehicle in excess of KRW 3,993,048, while destroying the damaged vehicle repair cost to make it difficult for the victim to take measures such as providing relief to the victim.

2. On November 10, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.058% from the 4km section of Geumcheon-gu Seoul Metropolitan Government from the 4km section to the Sinung-dong, Geumcheon-gu, Seoul Metropolitan Government, at around 02:15 on November 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. A certificate of measurement of drinking alcohol;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.