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(영문) 서울동부지방법원 2013.11.28 2013고단2429
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 (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are those engaged in driving of CAD motor vehicles;

On July 2, 2013, the Defendant driven the said car on July 2, 2013, and operated the said car at a speed of about 80km from the military intersection to the 64-lane 3-lane 4 lanes in Seongdong-gu Seoul Metropolitan Government.

At the time, since it is night and a place where a vehicle is operated in many places, there was a duty of care to prevent accidents by securing safety distance from other vehicles and horses and driving it with other vehicles and horses.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, received the back portion of the left side part of the Erocketing cab driven by the victim D, which was driven by the Defendant, prior to two-lanes of the right-hand part of the car driven by the Defendant, and led to the shock of the transmitting intersection where the said rocketing cab was in front of the taxi due to that shock.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as a spelke, which requires medical treatment for about five weeks, and at the same time, attempted to flee without taking necessary measures, such as aiding the victim, even though approximately KRW 2,552,603 was damaged to the above level, while stopping immediately and destroying the guard.

2. On July 2, 2013, at around 05:10 on July 2, 2013, the Defendant was demanded to comply with a drinking test by inserting the breathm measuring instrument into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant’s smelling from the slopeF belonging to the Seoul Sungdong Police Station in the Seoul Seongdong-dong Police Station’s 192-8, Seongdong-gu Seoul Metropolitan Government Police Station’s 192-8.

Nevertheless, the defendant refuses the demand for the measurement of drinking alcohol and has a justifiable reason.

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