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(영문) 서울중앙지방법원 2018.10.18 2018고단5120
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On May 31, 2018, the Defendant driven the above car around 21:10, and led the three-lanes of the fourth-lane road along the Seocho-gu Seoul Metropolitan Government Highway at a speed not to be known from the IC seat to the IC seat on the fourth-lane road.

In this case, a driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to prevent accidents by driving the motor vehicle in a safe manner and by safely driving the motor vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol level of 0.129% in blood and neglecting it, went along the two lanes of the same road due to negligence, and thereby, was placed the chief aspect of the victim C(W, 52 years old) who driven the DN motor vehicle in accordance with the two lanes of the same road.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about three weeks, and, at the same time, attempted to flee without taking measures, such as stopping and saving the damaged party, even though the repair cost, such as wheelchairs exchange, was damaged to the extent that 2,95,455 won is sufficient.

2. Defendant 1 driven a motor vehicle with alcohol concentration of about 14km from a peach boat hotel located in Yongsan-gu Seoul Metropolitan City at the time of the day specified in the above paragraph 1 to the Seocho-gu IIC, Yongsan-gu. Defendant 2 driven the motor vehicle with alcohol content of about 0.129% from the 14km section of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. C’s statement;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;

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