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(영문) 서울남부지방법원 2015.11.12 2015고단3632

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six 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

1. On June 27, 2015, the Defendant driven a BKan-kin vehicle under the influence of alcohol content of about 2 km from the 2km section to the front road of the new female, commercial, and high schools located in the 13rd-ro, Gangseo-gu, Seoul, Gangseo-gu, Seoul, to a degree of 2km, around June 19:30, under the influence of alcohol content of 0.202%.

2. The Defendant is a person engaging in driving a car in the above car zone.

On June 27, 2015, the Defendant driven the said car under the influence of alcohol of 0.202% of blood alcohol concentration around 19:30 on June 27, 2015, and proceeded on the side road of the Gangseo-gu Seoul Metropolitan Government 49-gil 126, 126 on the side of Samsung C&A apartment from the apartment on the side of Samsung C&T apartment.

At the time, the Defendant showed that the victim C (n, 17 years of age) walked in the same direction as the above car driving direction. As such, the Defendant had a duty of care to check and drive the car with a sufficient interval of time while reducing speed and driving the car.

Nevertheless, the defendant neglected this and caused the victim to go beyond the road by shocking the left shoulder of the victim's left side with the rear side of the defendant's vehicle by negligence.

Ultimately, even though the Defendant caused the victim to suffer from the left-hand hand hand and the influence of the water in need of treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning the crime.