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(영문) 서울남부지방법원 2014.09.25 2014고합327

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 of a temporary number C, which is issued by the head of Incheon Central District Office among the Defendants.

On June 28, 2014, at around 01:10, the Defendant driven the above cargo while under the influence of alcohol of 0.170% with a blood alcohol concentration of 0.170%, and led the convenience store in front of the convenience store 211 -- course, Geumcheon-gu Seoul Metropolitan Government, to proceed at a speed of about 40 km from the new Tri-distance boundary of the new Tri-gu, the speed of which is about 40 km.

In such cases, the driver has a duty of care to prevent accidents by securing and proceeding a sufficient safety distance in order to prevent collision with the vehicle ahead of the course.

Nevertheless, the Defendant neglected this and did not thoroughly drive the front-time while under the influence of alcohol, and by negligence driven by the victim D (hereinafter “V”), who was in the front-way and the signaled in the front-way while driving the vehicle, received the part behind the Eststuna taxi, which was driven by the victim D (hereinafter “V”) who was in the front-way.

Ultimately, the Defendant, by such occupational negligence, immediately stopped the victim D with the injury of salt, tensions, etc. in need of treatment for about two weeks, and went away without taking measures such as providing relief to the victim, even though the Defendant suffered from the victim F (F) who is the said cab passenger the injury of chills, tensions, etc. requiring treatment for about two weeks, and at the same time, damaged the sum of repair costs, such as exchanging the said cabs, to the extent that the sum of 1,157,823 won is 1,157,823 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of police officers entering the scene;

1. Each written diagnosis on D and F;

1. Written estimate;

1. Accident moving images;

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident (for the first same person);

1. A certificate of measurement of drinking alcohol and a report of detection of drinking drivers;