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(영문) 서울북부지방법원 2013.07.18 2013고단1152
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

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On April 18, 2013, the Defendant driven the said car while under the influence of alcohol of 0.127% on blood alcohol level around 19:40 on Apr. 18, 2013, and led to the flow of the tri-ging distance from the surface of the river basin in accordance with the two-lanes of the three-lanes of the two-lanes in front of the Gannam-gu Seoul Metropolitan Government Unborn Child Zone.

Since there is a section where a bus central lane is installed, a person engaged in driving service of a general car has a duty of care not to change the course to a bus exclusive lane prohibited from entering.

Nevertheless, the Defendant, by negligence in the course of his duty and negligence of changing the bus exclusive lanes into the bus exclusive lanes, was driven by the victim D (54 years old) who is driving the bus exclusive lanes, and went away without immediately stopping the bus exclusive lanes to take necessary measures, such as aiding and abetting the victim for about three weeks of repair costs, and destroying the bus exclusive bus exclusive lanes owned by the Defendant, which require approximately three weeks of medical treatment to the victim due to its shock, and also destroying the bus exclusive bus exclusive lanes owned by the F to the sum of 598,950 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

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

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

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) (a) and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and between the crimes of violation of the Road Traffic Act due to the unmeasures

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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