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(영문) 서울서부지방법원 2015.11.03 2015고단1281
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On April 6, 2015, at around 00, the Defendant driven the said passenger car with the blood alcohol concentration of 0.137%, while under the influence of alcohol around 0.11:00, and led the said passenger car to proceed to the same intersection room from the scarcitys of the three-lane multi-level intersection in the year, depending on the one-lane two-lanes.

At all times, there was a duty of care to safely drive a motor vehicle for the victim D(n, 32 years old) E SP in the front door, so the defendant engaged in driving service has a duty of care to safely see the front left door.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of the Defendant, followed the part of the victim who was in the atmosphere of the signal, and received the part of the Defendant in front of the crime.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim, such as the need for treatment for about two weeks, and the fluoral base, and at the same time, went away without taking necessary measures, such as stopping and providing relief to the victim, even though the Defendant, at the same time, went through a traffic accident that requires a total amount of KRW 759,668, such as the exchange of fluorers of damaged vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Reports on internal accidents (Application of the Madmark);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, 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 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be more severe;

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