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(영문) 서울북부지방법원 2015.09.01 2015고단2191
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the CM5 vehicle.

On May 2, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.110% 0.10% at around 04:37, and led the Defendant to drive the said car at about 40km at a speed of about 50km from the border of the city, Jung-gu, Seoul to the same 566-lane, a three-lane road near the shooting distance at the city, Jung-gu, Seoul.

At the time, there is a night and a place where a signal, etc. is installed, so there was a duty of care to live well around the person engaged in driving of the motor vehicle and to proceed in accordance with good faith.

Nevertheless, the defendant was negligent in proceeding with the direction signal while under the influence of alcohol while being red, and caused the victim to go beyond the floor by taking the front part of the victim D (Nam, 26 years old)'s E-to-land driving, which is driven by green signals from the surface of the right side of the course to the upper side of the same line.

The Defendant, by negligence in the course of performing such duties, sustained injuries such as saved salt saves that need to be treated for about two weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victim, and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A traffic accident report (1) (2) (actual survey report);

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;

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