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(영문) 서울중앙지방법원 2018.06.21 2018고단2789
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B i40.

On March 12, 2018, the Defendant driven the said car under the influence of alcohol of more than 0.05% during blood transfusions at a speed of about 80 km in the speed of 10 km from the border of the Han River basin of the Han River which is located in the 688-ro of Dongjak-gu Seoul Metropolitan Government, along with its four-lanes as the Olympic Games near the Han River fishery market located in 688.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance, such as accurately operating the steering gear by checking well the steering room without driving under the influence of alcohol.

Nevertheless, the Defendant was negligent in driving a vehicle while driving it as it is, and the Defendant was driven by the victim C (59) who was driving along the two lanes in the same direction as that of the Defendant’s front side, and the left part and the left back part of the cover part of the motor vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim and the victim E (the age of 27) (the age of 1,574,600) by occupational negligence as seen above, such as salt, tensions, etc. in need of two weeks medical treatment. At the same time, even if the above taxi was damaged to the extent of KRW 1,574,60, such as the exchange of a spread, and even after the above taxi was stopped immediately, the Defendant escaped without taking necessary measures such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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, 54 (1), 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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