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(영문) 서울중앙지방법원 2016.11.09 2016고단2967
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the Road Traffic Act (U.S.A.) driving a B B B B B B B B B B under the influence of alcohol level of 0.14% on blood alcohol level around 01:50 on December 9, 2015, and, as Gangnam-gu Seoul Gangnam-gu, the distance was driven at a speed that makes it impossible to identify one way from the side of a high speed terminal along the intersection at a speed of one way between five lanes.

The defendant driving a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty of care and entered the intersection beyond the red signal in violation of the signal, and escaped without taking necessary measures, such as providing rescue to the victim by immediately stopping the said small taxi with approximately 2,222,430 won, after being damaged by the Defendant’s front portion of the small-time cab driven by the victim C, driving from the area of active service shooting distance to the long-distance distance in the Gangnam-west area.

2. The Defendant violated the Road Traffic Act (driving) at the time and time as described in paragraph (1) of this Article, as Seoul Gangnam-gu, driven a B Beda car with a blood alcohol concentration of about 0.144% in the 3km section from the 3km section to the underground parking lot of Boa apartment located in the Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, via the places described in paragraph (1) from the roads near Gangnam-gu, Gangnam-gu to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

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