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(영문) 서울서부지방법원 2017.01.19 2016고단3647
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a MINI Cooper’s vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (U.S.).

On November 5, 2016, the Defendant driven the above vehicle in the state of alcohol content of 0.218% among blood transfusion around 06:40 on November 5, 2016, and driven the two-lane road of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, along the two-lane road from the opposite side of Taewon-won to the south-nam Station, and stopped at the signal signal atmosphere.

At the time, there is a vehicle that stops in the signal atmosphere in the front side of a vehicle driven by the defendant. In such a case, a person engaged in driving of a motor vehicle shall not drive the motor vehicle, and if it is inevitable, there was a duty of care to prevent the accident in advance by checking the rear well and safely.

Nevertheless, the Defendant neglected this and shocked the front part of the vehicle driving by the Defendant, which was driven by the victim E (54 tax) who was in the front side of the vehicle in which the Defendant is driving by the last day of the vehicle in which the Defendant is driving.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as chromosomes and tensions that require approximately two weeks of treatment. At the same time, even though the Defendant damaged 114,400 won of repairing expenses, such as the spread of the above wing and III Cargo Vehicles, she immediately stopped and escaped without taking measures, such as aiding the damaged person.

2. The Defendant was driving a CINI Cooper’s car while under the influence of alcohol 0.218% in blood at the date, time, place, and place of Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Investigation Report - The concentration of alcohol in blood, such as a report on detection of a primary driver.

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