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(영문) 서울동부지방법원 2017.06.15 2017고단1207
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 a period of 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 CF car.

On February 4, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.153% in blood around 00:40, while driving on the said car, and led to the crossing of 102 private teaching institutes in Songpa-gu Seoul, Songpa-gu, Seoul, to proceed along one-lane of the road, from the private distance outflow of private teaching institutes to the private distance.

However, since signals are installed on the front side, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a vehicle passing through the intersection by checking the front side well, and to safely drive the motor vehicle in accordance with the traffic signals to prevent the passage in advance.

Nevertheless, the Defendant neglected this and proceeded to the right side part of the E Launa car driven by the victim D(53 S) who is driving on the right side of the direction from the left side of the direction to the right side by the negligence, which led to the Defendant’s failure to stop driving, and led to the front part of the Defendant’s vehicle.

Defendant 1’s negligence caused injury to the victim, such as saves, which requires treatment for about three weeks, and, at the same time, did not stop without taking measures such as providing relief to the injured party, even though the said rocketing car was destroyed to be scrapped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, records on the measurement of drinking alcohol, reports on the detection of drivers at home, and reports on the circumstances of drivers at home;

1. A medical certificate;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after accident), Articles 148-2 subparag. 2 and 44 of the Road Traffic Act.

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