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(영문) 서울서부지방법원 2014.07.17 2014고단1245
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

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 engaged in driving motor vehicles C;

On April 30, 2014, at around 05:30, the Defendant, while under the influence of alcohol of 0.154% in the Red Station No. 4 of the Red Station, as a result of the unification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant proceeded along three lanes in the middle of the three-lanes in the red intersection, from the bank of the intersection to the lusence of 0.154% in the blood alcohol concentration, and changed the lanes into the two-lane.

At the same time, the E-high speed car driven by the victim D(39 years of age) was in driving, so the defendant engaged in driving service has a duty of care to confirm whether the other vehicle is driving on the vehicle line intended to change and to change the vehicle line safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay attention to the change of the car line as it is, due to the negligence of changing the car line, received the highest part of the car driving seat of the car at the same time.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks, and, at the same time, did not immediately stop the above high-speed car to the repair cost of KRW 985,000, and escaped without taking any measures such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Defendant driven the said CPote-Tech car at the section of about 1k meters from the red flue road in Seodaemun-gu Seoul Metropolitan Government to the red flue-42nd road without obtaining a driver’s license under the influence of alcohol content of 0.154% at the time and time as stated in the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Photographss of sea-going vehicles;

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