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(영문) 서울북부지방법원 2016.02.16 2015고단4605

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a KS3 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

On November 11, 2015, the Defendant driven the above car at around 08:00, while driving a three-lane road in front of the D control point located in Dobong-gu Seoul Metropolitan Government, along three-lanes in front of the D control point, from the boundary of the new market to the boundary of the green river basin. The Defendant neglected to perform his duty at the front time under the influence of alcohol, and received the front part of the FF taxi driving by the victim E (66 years old) driven in the front part of the Defendant’s car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as fluoral salt, which requires medical treatment for about two weeks, and, at the same time, escaped without taking measures, such as destroying the said taxi and providing relief to the injured party by stopping the said taxi, even though 1,178,943 won were to move.

2. Defendant 1 driven B K3 cars under the influence of alcohol content of 0.104% in the 7km section from around the above day to the front road of Dobong-gu Seoul, Dobong-ro 66-ro 17 main apartment, Dobong-gu, Seoul, 1711.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A report on a traffic accident, a report on the circumstances of the driver involved in driving, a report on detection of the driver involved in driving and a record of measurement of drinking;

1. On-site inspections, photographs of vehicles, and storing them in the field;

1. A copy of a written diagnosis and written estimate;

1. Application of laws and subordinate statutes to video recording of accident images;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after traffic accident), Articles 148-2 subparag. 2 and 44 of the Road Traffic Act.