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(영문) 서울동부지방법원 2015.06.11 2015고단1089
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 who is engaged in driving a CM car.

On February 8, 2015, the Defendant driven the said car with a blood alcohol concentration of 0.143% around 20:20, while under the influence of alcohol, and led to the driving of the said car at an insular speed of 716 front roads, as Seoul Special Metropolitan City Gwangjin-gu, along the direction of the plaza distance, along the two-lanes in the direction of the plaza distance.

At the time, there are nights and vehicles under stop due to vehicle condition at front of the night, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by safely driving the front door and safely.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(30 years of age) who was under a stop due to negligence while neglecting this, and received the front part of the said car that the Defendant driven.

Accordingly, the Defendant, through occupational negligence above, escaped without taking necessary measures, such as aiding victims, even though the Defendant suffered injuries to the victim F (the age 26) who was accompanied by the clock in the clock and the clock for about two weeks of treatment, and at the same time, damaged the clock in the clock and the clock for about 2.9 million won at the market price of the victim D, even though the clock was damaged by the clock and the clock did not take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Each statement of D and F;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. A certificate of automobile-scrapping;

1. Application of Acts and subordinate statutes governing vehicle 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 and 54(1) of the Road Traffic Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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