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(영문) 서울서부지방법원 2016.12.22 2016고단1149
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) is a person who drives a TG car by obtaining a franchise;

On January 27, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.172% 0.172% around 20:40, and turned down the two-lane road ahead of the Seoul Mapo-gu Seoul Mapo-ro 34 New High School into a two-lane radius from the front of the Manan-ro.

At the time, it is night and at the vicinity of the intersection, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as operating the steering direction and brake system in a safe manner by living well at the right and right of the rear and right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not care well, and was negligent in leaving the vehicle behind the Defendant, and received the part of the victim D(35 years old) driving in front of the EK7 car, which was parked behind the Defendant’s vehicle, as the back part of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as fluoral salt, etc., in need of treatment for about three weeks, but failed to immediately stop and take measures, such as providing relief to the victim.

2. The Defendant in violation of the Road Traffic Act (driving) transponed the CG car at the section of about 500 meters from the section of about 33 meters, 0.172% of blood alcohol concentration, through the 33th new teachers’ school, via the 3rd new teachers’ school in Mapo-gu, Seoul, via the said section, at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant at the witness D’s statutory statement denies that the instant traffic accident occurred by towing the Defendant’s vehicle.

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