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(영문) 서울남부지방법원 2013.03.07 2013고단215
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

1. Around January 21, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.077% on the part of January 21:32, 2013, and the Defendant driven CMF5 car owned by the Defendant from the front post office located in the city of Yeongdeungpo-gu Seoul Metropolitan City to the dwelling area B of the Defendant in Young-si area B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving service of the above CM5 vehicle.

On January 9, 2013, the Defendant driven the above car at a speed of about 50 kilometers per hour, according to the five-lanes of speed, from the side of the west-gu Seoul Metropolitan City, the intersection of the Embridge, which is located in the 20-dong, Yeongdeungpo-gu, Seoul Metropolitan City, to the intersection of the Embridge, which is located in the 20-dong, Mapo-do.

At the same time, the signal lights are installed, so in such cases, the person engaged in driving service has a duty of care to reduce the speed and safely proceed in accordance with the signals so that the accident is prevented.

Nevertheless, while under the influence of alcohol, the Defendant neglected it and got the victim to go beyond the floor on the left side of the victim D (the 17-year-old driving) driving by the victim D (the 17-year-old driving) driving in accordance with the new code from the right side of the Defendant’s running direction to the left side of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about three weeks by occupational negligence as above, and at the same time, even though the above salvin was damaged to have approximately KRW 1,043,000 for repair expenses, the Defendant left away without immediately stopping and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual condition survey report;

1. Reports on driving drivers, and records of measurement of drinking alcohol;

1. Photographs of an accident vehicle;

1. Written estimate;

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