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(영문) 서울중앙지방법원 2014.07.09 2014고단2707
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

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) is a person engaging in driving a three-dimensional vehicle;

On April 3, 2014, at around 03:21, the Defendant driven the said car under the influence of alcohol level of 0.179% (in the application of the Momark formula). On April 3, 2014, the Defendant moved back the 25-lane 15-gil to the reservoir public parking lot on the right side of the Central Hospital, Dongjak-gu Seoul.

At the time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving service at night by keeping the front left well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along and received the left bridge part of the victim D(35 years old) on the edge of the road from the Defendant to the right side of the passenger car.

Ultimately, even though the Defendant, by the above occupational negligence, sustained a bridge on the bridges below the 2-day medical care for the victim, she immediately stopped and escaped without taking measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a Chand motor vehicle at a level of about 130 meters from the day and time set forth in paragraph (1) of this Article, and from the street set in front of the 102 Central University Hospital in Black-ro, Dongjak-gu, Seoul, to the front day of Dongjak-gu, Seoul, with a blood alcohol concentration of about 0.179% (Application of the Fmark Official Form) at around 130 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A medical certificate;

1. Photographs;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

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