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(영문) 서울중앙지방법원 2013.04.12 2012고합1490
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving motor vehicles C.

On July 29, 2012, the Defendant driven the above car at around 07:00, and proceeded in the direction of locking from the side of the school winter Station, Gangnam-gu Seoul, Seoul, along the first lane of the four-lane road.

In this case, there was a duty of care to prevent accidents by properly adjusting the steering devices, steering devices, and operating devices of the vehicle to the person engaged in driving of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was unable to avoid the suspension of the E-car volume of the victim D(the age of 56) driving, which was driven earlier, due to the signal, due to negligence.

Ultimately, the Defendant caused the injury to the victim D by the foregoing occupational negligence, which requires approximately three weeks of medical treatment, and the victim F (n'e, 58 years of age) who was on board the E-car quantity to suffer from the injury of climatic salt, etc. requiring approximately two weeks of medical treatment, and escaped without taking measures such as aiding and abetting the damaged vehicle, even if it damages the damaged vehicle to cover KRW 1,0140,000 for repair cost, and immediately stops.

2. On September 16, 2009, the Defendant is a person who, at least 0:20 on September 5, 2009, drives G levir vehicle in the state of blood alcohol concentration of 0.183%, and on April 19, 201, the Defendant violated the Road Traffic Act by driving Huvir vehicle in the state of blood alcohol concentration of 0.127% at least twice.

At around 07:00 on July 29, 2012, the Defendant driven a C Poteme car in the state of alcohol of about 0.272% of blood alcohol concentration from the 6km section from Seocho-gu Seoul Metropolitan Government to the 21st day of Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

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