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(영문) 서울중앙지방법원 2013.04.05 2013고단806
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 03:05 on November 15, 2012, the Defendant was driving a C-coo motor vehicle under the influence of alcohol content of about 27 km from the area near the Seo-gu Seo-dong, Seongbuk-gu, Seongbuk-gu, Seoul to the front road of the National Bank, Jung-gu, Seoul to approximately 381km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is engaged in driving of C Ecuas car.

On November 15, 2012, the Defendant driven the above vehicle at a speed of 40 kilometers a speed of 40 kilometers a speed of 40 kilometers a speed of 381 in front of the Hanyang-ro 381 National Bank, Jung-gu, Seoul, Seoul, along the Hanyang-ro, at a speed of 30 kilometers a speed of 5 kilometers a speed of 381.

Since there was a yellow flickering light, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the crosswalk by safely checking whether there is a pedestrian or not.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to do so, caused the victim D (the age of 26) who dried the crosswalk by negligence to the front part of the above vehicle.

Ultimately, even though the Defendant was negligent in the above occupational negligence to inflict bodily injury upon the victim, such as the right one-month executives who need medical treatment, the Defendant immediately stopped and escaped without taking measures, such as aiding and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report (1), (2);

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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