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(영문) 서울동부지방법원 2013.04.10 2013고단304
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 who is engaged in driving a car by borrowing B.

1. On December 27, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Measures Taken after Accidents) driving the said vehicle under the influence of alcohol of 06:07, while driving the said vehicle at around 06:141% of alcohol concentration, and driving the four-lane road in front of the chemical flow distance in Gwangjin-gu, Seoul Special Metropolitan City at about 50km from the military air basin to the chemical flow distance at a speed of about 50km in the speed of the city, while driving the four-lane road in front of the chemical flow distance in the front of the said vehicle in Gwangjin-gu.

As a result, the Defendant suffered injury to the victim, such as catitiss, which requires treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant destroyed the damaged vehicle to the extent of KRW 1,868,466, such as the exchange of back caters, and did not immediately leave the vehicle and did not take necessary measures, such as providing relief to the victim, even if the damaged vehicle was scattered on the road, and escaped without having the said vehicle driven by the Defendant left it at the scene of the accident.

2. On December 27, 2012, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license), and the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the “Motor Vehicle”) operated the said motor vehicle without having a mandatory insurance without having a vehicle driver license in the section of about 2 km from the day front of a mutual influence house located in Seongdong-gu Seoul Metropolitan Government, to the same day from around 06:07 to the place where the said accident occurred without having a vehicle driver license, at around 0.141% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. A survey report on actual condition, a master-employed driver report, a traffic accident occurrence report, the ledger of driver's licenses, the vehicle involved in the accident, and photographs at the scene of the accident;

1. The application of the laws and regulations of a medical certificate and estimate.

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