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(영문) 서울남부지방법원 2013.08.14 2013고단1903

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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 May 9, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.084%, and around 23:20 on May 9, 2013, the Defendant driven CA car at a section of approximately 500 meters from the south-gu Seoul Metropolitan Government roads near the Southern River Station located in 800, to the roads in front of the river basin located in the same98-4.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") set forth in paragraph (1) above, while under the influence of alcohol, the Defendant driven the said car on the four-lane road in front of the said Gangwon-do Waterworks Business Office, along the four-lane roads of the said road, and neglected to perform the duty of e-car driving at an aesthetic speed from the right-side surface of the Guro-gu Office, along with its four-lane roads, while neglecting the duty of e-car driving at an aesthetic speed, and neglecting the duty of e-car parked in front of the Defendant’s course due to occupational negligence, and caused the victim D and the said passenger F by taking the backer to the left-hand edge of the E-car driven by the victim D and the said passenger, and did not take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.