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(영문) 서울중앙지방법원 2017.10.17 2017고단5196
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 20, 2011, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on August 20, 201, and the judgment became final and conclusive on October 28, 201. On October 25, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court, and the judgment became final and conclusive on November 2, 201.

피고인은 2011. 3. 14. 21:11 경 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.095% 의 술에 취한 상태로 C 소유의 D 카 렌스∥ 승용 차량을 운전하여 서울 서초구 서초동 430 남 부순환도로를 예술의 전당 방면에서 서초 인터체인지 방면으로 편도 4 차로 중 3 차로를 시속 약 60km 의 속도로 진행하던 중 2 차로로 차선을 변경하게 되었다.

It is highly likely that the road entering the Seoul Arts Center parking area is a combined site and at night, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in order to reduce the speed before and after changing the lane, and to prevent the accident in advance by safely examining well the right and the right before and after the change.

However, Defendant E(44) had been driven by the victim E(44) who had been driving in a two-lane from the three-lane to the two-lane due to his neglect of such duty of care under the influence of alcohol as above, and had received the left side of the FF taxi driving by the above Defendant’s driver’s seat.

As a result, Defendant 1 suffered injury, such as salt, tension, etc. of the neck, which requires approximately two weeks of treatment to the victim due to such occupational division and actual injury, and at the same time, Defendant 2 escaped without immediately stopping the said taxi, even though it damages the said taxi to make it possible to cover the sum of KRW 732,857, such as the exchange of pan-faculs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. The circumstantial report of the driver employed at the main place;

1. Medical certificates;

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