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(영문) 서울북부지방법원 2015.08.13 2015고단1962
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 B M& car.

On April 29, 2015, at around 05:20, the Defendant driven the said car under the influence of alcohol content of 0.176% without a driver’s license, and led to the front part of the Defendant’s vehicle: (a) the front part of the D Driving E-si, which was under the influence of alcohol, and was under the influence of alcohol in the direction of 0.176%, to the intersection of the traffic distance in front of the Seoul Northernbuk-gu Seoul Metropolitan Government Office, from the front part of the lower part of the vehicle, where the Defendant neglected the duty of front-time care under the influence of alcohol due to occupational negligence, while driving the said car on the upper part of the horizontal distance from the lower part of the 3-lane road.

At the same time, the Defendant, by negligence in the course of performing the above duties, destroyed the victim FF (year 28) who was accompanied by the head of the above taxi, to take approximately two weeks of medical treatment, and escaped without taking measures, such as providing rescue to the victim, even though he did not immediately stop the above taxi repair cost of KRW 600,921, which is owned by the victim light transportation company, to ensure that the amount equivalent to KRW 600,921 is damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. F’s statement on the occurrence of traffic accidents;

1. Written estimate and written diagnosis;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. A report on traffic accidents and a report on actual condition;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act) with heavier punishment among the crimes under Articles 40 and 50 (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

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