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(영문) 서울중앙지방법원 2015.01.07 2014고단8726

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereafter referred to as the "Act on the Aggravated Punishment, etc.") and the Road Traffic Act (hereafter referred to as the "Act on the Aggravated Punishment, etc.")

On September 6, 2014, at around 22:00, the Defendant driven the said car at a speed of about 50 to 60 km in the speed of about 50 to 60 km from the 5-lane surface of the Seocho Police Station, while under the influence of alcohol by 0.134%, according to the distribution of Seocho-gu Seoul Metropolitan Government, the Defendant driven the said car at a speed of 0 to 222 meters, and was under the influence of alcohol concentration by 0.134%.

At the time, it is night and place is a road to stop down, and there is an intersection installed with signal apparatus at the front side, so in such a case, there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle and to safely proceed in accordance with the signals by living well at the front door.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and changing the front line to a stop signal, was negligent in proceeding as it was, and thereby, was driven by the victim C (the age of 35) who reduced the speed for the signal in front of the car in front of the said Spana car, with the front line part of the said Spana car.

As a result, the Defendant, by such occupational negligence, committed an injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, suffered from the victim E (here, 31) who was on board the said car along with the said car, for about two weeks of medical treatment, and went away without taking measures such as aiding and abetting the said car, even though the Defendant damaged the repair cost of approximately KRW 5,973,600 for the said car, it was immediately stopped and escaped without taking measures such as aiding and abetting the victim.

2. The defendant is in violation of the Road Traffic Act (driving) from the front of a public parking lot in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, to the front of the public parking lot in Seocho-gu, 298-12.