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(영문) 서울중앙지방법원 2013.04.12 2013고단851
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 became final and conclusive.

Reasons

Punishment of the crime

On January 9, 2013, the Defendant was under the influence of alcohol by 0.074% on blood alcohol concentration at a 0.074%, and was driving at the 3rd intersection road at the 3rd intersection road in Jongno-gu Seoul, Jongno-gu, Seoul, pursuant to the first line road prior to 26-9, the Defendant: (a) was at night; and (b) the place is at night; (c) there is an occupational duty to accurately operate the steering gear and safely by accurately operating the steering gear while looking at the front and the left; (d) in such a case, the Defendant was under the influence of alcohol level; (e) at the same time, the Defendant was under the influence of driving the 32 years of alcohol level; and (e) at the same time, the Defendant was under the influence of driving the 32 years of alcohol level; and (e) at the same time, the Defendant was under the influence of the victim, who was under the influence of the vehicle operated by the Defendant; and (e) the Defendant was under the influence of the victim and the victim’s immediately following 30 20 years of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police in relation to C;

1. Statement prepared by E on the occurrence of a traffic accident;

1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and

1. Statement of the actual survey report;

1. Application of each Act and subordinate statute to include each written diagnosis and written estimate;

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 and 54(1) of the Road Traffic Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning the crime at issue.

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