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(영문) 서울서부지방법원 2014.01.28 2013고단3098
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On October 15, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.109% with a blood alcohol concentration of 03:03, the Defendant proceeded at a speed of about 30 km per hour according to three lanes between the 3-lane 168-1 and the 4-lane 168-1, Eunpyeong-gu, Seoul, Seoul, along with a flow-on road of 168-1.

At night, the suspect is at night, and the victim D(the age of 43) is driven by the E Car driven by the victim D(the age of 43), so the person engaged in driving service has a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle stops.

Nevertheless, due to the negligence of driving a car in the vicinity under the influence of alcohol as above, the car was stopped, and the above car was left behind the above car due to the negligence of driving the car under the influence of alcohol.

The Defendant, due to the above occupational negligence, suffered from the injured party F (V, 40 years of age), who was on board the car of the Karens car, the injury of the Karens car to the affected party about three weeks of medical treatment, and the injury of the Karens car to approximately two weeks of medical treatment. At the same time, even if the Karen car was damaged by the 2.150,000 won of the Karens car, the Defendant left the car without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of imprisonment with labor for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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