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(영문) 서울남부지방법원 2018.01.18 2017고단4997
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident) was under the influence of 0.165% of alcohol during blood transfusion on July 22:50, 2017, the Defendant driven a Damp Tramp Vehicles B, which is under the influence of 0.165%, while driving the Damp Vehicles, and driving the Domp Vehicles on the side of Guro-gu Seoul Metropolitan City along the two lanes prior to the rainwater pumps 74, south-gu, Guro-gu, toward the underground roadway by opening the Domp Road along the outer roadway. At the same time, the Defendant was negligent in neglecting the front speed of the Domp and did not properly operate the steering gear and brake devices, and caused the victims to suffer damage to the Domp Vehicles and the two Dop Motor Vehicles by causing damage to the Dop Motor Vehicles, etc. (hereinafter referred to as the victim 2).

2. Around 22:50 on July 8, 2017, the Defendant was driving a B Dao Doo Doo, while under the influence of alcohol concentration of about 10km from the front of a mutual influent restaurant located in the Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the front road of the rainwater pumps located in 74-gil-ro, Guro-gu, Seoul, the south-gu, Seoul, for about 10km-ro, while under the influence of alcohol concentration of about 0.165%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to a survey report, a written examination, a request for repair, a site photo of an accident, a black boom, a report on detection of a driver with primary driving, a report on the circumstances of a driver with primary driving, each medical confirmation document, and a medical record book;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty) and the Road Traffic Act concerning the crime in question.

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