beta
(영문) 서울서부지방법원 2013.06.25 2013고단882

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are those engaged in driving a C or other car

On March 27, 2013, the Defendant driven the said car at around 00:08, and carried out two-lane roads in front of the Seocho-dong 109-1 Seocho-gu Seoul Metropolitan Government, at a speed of about 40 km from the back to the back of the back of the Sinam-dong at a speed of about 40 km, depending on one lane from the back of the Sinam-dong. The Defendant was negligent in driving on the part of the victim D (28 years old) who is waiting at the signal at the front of the said car due to occupational negligence, and received the back wheels of the said car with the front-way part of the said car.

The Defendant suffered injury to the victim of the instant traffic accident, which requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as destroying the above 4,109,50 won of repair expenses, even though she did not destroy the lebane and providing relief to the victim.

2. On March 27, 2013, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level), even though there exist reasonable grounds to recognize that he/she driven the said vehicle while under the influence of alcohol, such as making a red, smelling, and snow-off at the traffic survey department office of the Seoul Western Police Station, Eunpyeong-gu Seoul, Seoul, Seoul, and making it possible to recognize that he/she driven the said vehicle at around 01:20 on March 27, 2013 after he/she escaped and was arrested, the Defendant did not comply with a request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A statement prepared by H;

1. A traffic accident report;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a ledger on the use of a drinking measuring instrument;

1. A written diagnosis and written estimate;

1. Application of field photographs and related Acts and subordinate statutes;

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.