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(영문) 서울중앙지방법원 2014.12.24 2014고단5713

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in F. E-owned F.

On July 21, 2014, the Defendant driven the above vehicle while under the influence of 0.143% of blood alcohol level at around 04:50, the Defendant, at the same time, driven the above vehicle at a level of alcohol level of 0.143% on the city of Gangnam-gu, Gangnam-gu, Seoul, and followed the three-lanes of the four-lanes of the victim G (24 years old) driving by driving the three-lanes of the four-lanes in the direction of the school road in front of the entrance route of 667 in the direction of the five-lane from the school road located in front of the entrance of Gangnam-gu, Gangnam-gu, Seoul. In such a case, even though the driver was obliged to perform the duty of care to prevent the accident by moving the vehicle into four-lanes, he did not neglect the duty of care to prevent the accident by moving the vehicle, and did so, and did so with the part of the front part of the victim's seat as the front part of the vehicle.

At the same time, the Defendant: (a) caused the victim G by negligence to inflict bodily injury, such as salt dynasium in need of approximately two weeks of treatment; (b) caused the victim I (the victim I (the victim of 27 years of age, women) to inflict bodily injury, such as salt dynasium in need of approximately two weeks of treatment; and (c) did not stop the victim vehicle and escape without taking necessary measures, such as providing rescue to the victim, even if the victim vehicle is damaged by the replacement of the front offender.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning G;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Written estimate;

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

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 of the Road Traffic Act.