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(영문) 서울중앙지방법원 2014.11.21 2014고단7343
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

1. On July 13, 2014, at around 01:00, the Defendant driven a B body-man car under the influence of alcohol concentration of about 0.107% from the 4km section from the 01:40-day Seoul Metropolitan Government to the 4km-ro 4km-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, for the same day.

2. The defendant is a person engaging in driving a motor vehicle as set forth in paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On July 13, 2014, the Defendant operated the above car at around 01:40, and proceeded 47-way roads, such as Dongjak-gu Seoul Metropolitan Government, into the upper-dong Samsung C&M, the first apartment bank in the front of the film elementary school.

Since there is a place where the center line of yellow-ray was installed, in such a case, there was a duty of care to see the front line to the person engaged in driving of the motor vehicle and to safely drive the motor vehicle properly.

Nevertheless, the Defendant neglected this and caused the negligence of driving a motor vehicle by breaking the center while under the influence of alcohol, as set forth in Paragraph 1, while driving the motor vehicle in the central line. The Defendant shocked the part above the left-hand part of the DSS3 motor vehicle driven by the victim C, which was driven by the opposite vehicle line, into the front-hand part of the motor vehicle driven by the Defendant.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the gire belt, which requires two-day medical treatment, and at the same time, destroyed the said mM3 car to be repaired in KRW 1,705,438, such as the exchange of the front winger, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A traffic accident report;

1. Each photograph;

1. Exemplary drivers;

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