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(영문) 서울서부지방법원 2013.12.24 2013고단2910
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 27, 2013, the Defendant driven a Cpoter vehicle under the influence of alcohol of 0.122% of blood alcohol concentration on September 27, 2013, and proceeded at a speed that is impossible to know in the direction of the flow distance from the flow distance from the flow distance from the flow distance from the flow distance from the flow distance from the flow distance from the Chang-dong Seoul, Mapo-gu, Seoul.

Since the place is where the central line is installed, a person engaged in driving service has a duty of care to observe the central line and prevent accidents by focusing on the safety of the prior bank along the lane.

Nevertheless, the Defendant got off the part of the victim D's left shoulder, which was repaired in the opposite direction of the vehicle in the upper direction of the above breath vehicle due to the negligence of the center line of the drunk, with the driver's seat of the vehicle.

The Defendant, by such occupational negligence, suffered from a victim’s left-hand bed with a wound, which requires treatment for about three weeks, but did not immediately stop the vehicle and take measures such as aiding the victim, and driving the said vehicle and leaving the scene of the accident.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and immediately stopped a traffic accident that inflicts an injury on the victim due to negligence in the course of duty and escaped without taking necessary measures as an accident driver, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Imprisonment with prison labor for choice of punishment;

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

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