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(영문) 서울중앙지방법원 2013.10.18 2013고단4973
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

The defendant is a person engaged in driving a B-to-pur vehicle.

1. On July 18, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.153% of blood alcohol concentration at the 1km section of Jongno-gu Seoul, Jongno-gu, Seoul, from a remote area below the Dongdaemun-gu Seoul, to approximately 318-87, around 23:23, 2013.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) operated the said car at the date and time set forth in paragraph 1, and led the Jongno-gu Seoul, Jongno-gu, Seoul to drive the said car at approximately 318-87, one-lane road in front of 318-87, at the speed of about 30km from the distance of transfer to the intersection.

Since there was an intersection where the right- or left-hand turn is set up, a person engaged in driving of a motor vehicle has a duty of care to ensure that the person engaged in driving of the motor vehicle should not make a right- or left-hand turn according to the safety signs in advance.

Nevertheless, the Defendant neglected this, while entering the intersection as described in Paragraph 1, and due to the negligence of entering the intersection while under the influence of alcohol as it is, received the right side of the victim C(32 years old) driving by the 6-ro 4 degrees from the intersection to the intersection from the intersection, and received the front part of the driving car of the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained salt tensions and tensions in need of treatment for the victim, but immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the occurrence of a traffic accident C;

1. The actual condition survey report;

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

1. Investigation Report (as to the application of the above mark of the defendant drinking water)

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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