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(영문) 서울남부지방법원 2013.08.14 2013고단976

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

The defendant is a person who drives a C driver's vehicle.

1. On January 31, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.135% at around 23:10 on January 31, 2013, the Defendant driven the said so-called so-called 1km from the street before the heading on the heading on the heading on the heading on the heading on the heading on the heading on the off of the Dong-dong, Guro-gu Seoul Metropolitan Government, and driven a approximately 50-22m from Geumcheon-gu, Seoul

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) and the Road Traffic Act (U.S.A.) on January 31, 2013, the Defendant driven the above small saging vehicle at around 23:10, and driven at a speed of two-lanes in the direction of the sports luminous name at the remote distance range of the sports string in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

In such cases, a person engaged in driving service has a duty of care to ensure the safety distance if there is a vehicle waiting for signal on the front side and to stop safely.

Nevertheless, under the influence of alcohol, the Defendant was found to have immediately discovered the EK5 vehicle driven by the victim D (the age of 45) who is in the atmosphere of the signal while neglecting this, and received the back part of the said K5 vehicle in front of the left-hand part of the said small vehicle.

Ultimately, the Defendant violated the duty of care as above and escaped without taking measures such as providing relief to the victim and the victim F (n, 9 years of age) by causing injuries to the catitis that require a two-day medical treatment, and at the same time, by exchanging back caters, etc., causing damage to KRW 788,306 of the repair cost to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A traffic accident report;

1. A report on detection of, and investigation into, a host driver (application of the Radmark formula);

1. Written estimate;

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

1. The corresponding Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts.