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(영문) 서울서부지방법원 2013.10.24 2013고단2196

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cone Star Car.

On June 16, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.139% around 05:32, and continued to drive the said car at a speed of 0.139% from the 0.5km north-ro of Mapo-gu Seoul Metropolitan Government to the speed of about 50km from the west hotel to the ec.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent an accident in advance by observing traffic signal, the defendant neglected this duty and proceeded as it is, while driving the motor vehicle even though the electric traffic signal was a stop signal, the front and rear part of the DNA Lasta taxi, which passed the above shooting distance from the side of the Madsung Elementary School, was facing.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E (the 54-year-old) such as catitis, etc. requiring a treatment for about three weeks, and sustained injury on the catum cat, etc. in need of treatment for about two weeks to the victim F (the 27-year-old) aboard the said taxi, and at the same time, escaped without taking measures such as providing relief by immediately stopping the front c,823,541 won of the said taxi while destroying the catum cat, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Each written diagnosis and written estimate;

1. A written report from an employee of an employer;

1. Application of each statute to the statement of E and F;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2, 44 (1), 148 and 54 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, the choice of imprisonment

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (in cases of initial crimes, reflectivity, damage not to be caused, agreement with some victims and deposits).