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(영문) 서울동부지방법원 2014.03.31 2013고단3233
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 28, 2013, the Defendant was driving Bone Star Corer under the influence of alcohol leveling 0.129% from the two-lanes of the two-lanes of the 236-4 lanes in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, while driving at the two-lanes of the 236-4 lanes.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of Bone Star Cors.

On November 28, 2013, the Defendant driven the above vehicle at around 05:20, while driving the above vehicle at around 05:20, and had the front road 236-4 in Gwangjin-gu Seoul Special Metropolitan City go along the two-lanes of the four-lanes from the area of the military base to the area of the Arasan basin.

In the event of a change in the vehicle line, there was a duty of care to prevent accidents such as a safe change in the vehicle line by giving prior notice of a change in course to a person engaged in driving of a motor vehicle, and by checking the right and the right of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the vehicle line as is, was driven by the victim C (the 56-year-old) driving along one lane in the same direction by the negligence of changing the vehicle line, and received the part adjacent to the left side of the vehicle driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained the victim E (the 26-year old-age age), including the dynasium and tensions in which approximately two weeks of medical treatment is required for the victim C, and had the victim E (the 26-year-old passenger), who is a taxi, suffer from the crynas and tensions in need of medical treatment for about two weeks, and at the same time, did not stop the said taxi and escape without taking necessary measures, such as saving the victims, even if it damages approximately KRW 775,686 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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