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(영문) 서울중앙지방법원 2013.07.26 2013고단3070
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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 the driving of BT 108cc.

On March 22, 2013, at around 21:00, the Defendant driven the otobane while under the influence of alcohol of 0.16%, without obtaining a motorcycle driver's license, and driven the obane at the speed of 267-1, the Defendant driven the road front of the "Mixed obane", which is located in the compost route of Seoul, Jung-gu, Seoul, with a speed of about 20km from the right edge to the right edge.

Since there are one-way roads with an entry prohibition sign at the starting point of the access road, the driver of the motor vehicle has a duty of care to prevent accidents in advance by checking in advance the entry prohibition sign and not entering according to the above sign.

Nevertheless, under the influence of alcohol, the Defendant got the victim D(31) who was accompanied by the victim C and the victim C, who was accompanied by the victim C and the above bebabba, to the port from the right side of the direction of the course, to the left side of the road. The Defendant was able to take the left side of the victim C (the age of 37) driving to the left side of the road.

Ultimately, the Defendant caused the injury to the victim C by the occupational negligence as above, and suffered the injury to the victim D by the high-level salt of the water unit in need of approximately three weeks of medical treatment, and at the same time, the Defendant destroyed the above large-scale 2 00 occabababa, such as replacement of the occababa, and escaped without taking necessary measures, such as providing rescue to the victims, even though it did not immediately stop.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The actual condition survey report;

1. Investigation report (official application of the Ba mark);

1. Report on detection of a host driver, and report on the status of a host driver;

1. The register of driver's licenses (No. 4 No. 5)

1. Each written diagnosis;

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