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(영문) 서울남부지방법원 2014.12.23 2014고단4441
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving between Bone Star and cargo cars;

On August 26, 2014, at around 19:40, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol of 0.193% with a blood alcohol concentration of 0.193%. On August 26, 2014, the Defendant proceeded the two-lane roads in front of the 208 large forest fire fighting center located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, with a speed of about 30km in the direction of the friendly apartment distance from the room of the Yeongdeungpo-gu Residents Sports Center.

At the time, at night, there was a cross-road and crosswalk where signal lights are installed in the front door, and thus, the driver had a duty of care to check whether there is a person who gets on the way to reduce speed and see well the right and the right and the right and the right and the right of the driver, and to drive safely according to the signals.

Nevertheless, under the influence of alcohol, the Defendant did not avoid the victim C (A, 51 years old) who dried the crosswalk from the right side to the left side in accordance with the new subparagraph, but did not get the victim to go beyond the ground by receiving the victim from the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to brain-dead sugar, etc. which requires treatment for about three weeks, but failed to immediately stop and take measures such as providing relief to the victim, and escaped as it is.

2. The Defendant violated the Road Traffic Act (driving) at the same time, the Defendant driven the said cargo vehicle under the influence of alcohol at a section of about 15 km from the front of the restaurant cafeteria to the front of the said large-scale fire-fighting vehicle, which was located in Mapo-gu Seoul Metropolitan Government, to the front of the said large-scale road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Each written diagnosis shall be subject to the law.

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