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(영문) 서울남부지방법원 2015.05.07 2015고단1109
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 engaging in driving a ES3 car.

On October 06, 2015, the Defendant driven the said car under the influence of alcohol at 0.145% on the blood alcohol level around 00:38,00, while under the influence of alcohol, and led to the high-class high-class and underground tea in Guro-gu Seoul Metropolitan City to the luminous plane from the front side of the bank.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving motor vehicles to live well with the front line, and to safely operate the car so as to prevent accidents in advance.

Nevertheless, the Defendant, while neglecting the influence of alcohol, she was negligent in driving along the center line by her negligence while driving in the station, she shocked the part of G K5-si driving G K5-si with the front pentel part of the victim F (the 46-year-year-year-year-year-year-year-year-year-year-year-year-year-year-old passenger.

As a result, the Defendant, by its occupational negligence, committed an injury to the victim F, such as light dynasium, synasium, synasium, etc., which requires treatment for about 15 days, to the victim H (the 36-year old-older) who boarded the said taxi, suffered from the injury, such as light dynasium and tension, which requires treatment for about 2 weeks, and at the same time, escaped without taking necessary measures, such as providing relief to the victims, by immediately stopping the said taxi, even though it damages 4,163,978 won, such as pents exchange.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F and H (Simplified traffic);

1. A traffic accident report- a standing survey report, a traffic accident report, on-site photographs, victims and suspect automobiles;

1. Report on detection of the driver, report on the circumstances of the driver, and investigation report (applicable to the Tramark formula);

1. Application of Acts and subordinate statutes to a written diagnosis of preparation of each intention, and a written estimate for checking and maintenance of motor vehicles;

1. The fact that a criminal defendant runs away after his/her negligence was inflicted on duty: Act on the Aggravated Punishment, etc. of Specific Crimes;

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