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(영문) 서울남부지방법원 2012.12.27 2012고단4193

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

The defendant is a person who is engaged in driving a B-learning car.

피고인은 2012. 10. 2. 19:59경 혈중알콜농도 0.108퍼센트의 술에 취한 상태로 위 승용차를 운전하여 서울 양천구 신정동 939-18 동원데쟈뷰아파트 101동 앞 주택가 이면도로를 신정4동 독서실 방면에서 중앙로 방면으로 시속 약 20킬로미터로 직진하여 진행하게 되었다.

In this case, the driver of the vehicle has a duty of care to reduce the speed and to properly handle the other vehicle's steering direction and operating system in the course of driving with the other vehicle, and to prevent the accident by accurately manipulating the steering direction and operating system of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to operate a Hand at the front side of the vehicle that was driven by negligence while driving in the front side, went back without reducing the speed after receiving a utility pole installed on the left side of the vehicle on the left side of the Defendant’s driver’s vehicle, and the part of the Defendant’s driver’s vehicle back to the rear part of the vehicle of the victim C(38 years old) driving, which was driven by the Defendant’s vehicle behind the vehicle, was driven by the front part of the vehicle of the victim C(38 years old), which was driven by the Defendant’s vehicle in the front side of the vehicle, and suffered injury, such as light, scar, scar, and scar, which requires the victim’s treatment for about two weeks, and at the same time, escaped without stopping the vehicle and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A certificate of drinking alcohol measurement, a written report on driving of a drinking driver, and a written report on the status of a drinking driver;

1. A medical certificate;