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(영문) 서울중앙지방법원 2013.06.05 2013고단1606
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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. On December 18, 2012, the Defendant driven a BP car under the influence of alcohol of 0.062% of blood alcohol concentration at approximately 20km-ro 19-20km-ro, Seongbuk-gu, Seoul Metropolitan Government, in the old Ri market located in Ansan-dong, Gosidong around December 12, 2012.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving a BP vehicle.

At around 12:05 on December 18, 2012, the Defendant driven the said car under the influence of alcohol as set forth in the foregoing paragraph (1) and led the Defendant to proceed to the direction of tinway in the direction of the Sejong-dong 334-42, Seongbuk-gu, Seongbuk-gu, Seoul.

In this case, the driver has a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily suspending the operation of the driver.

Nevertheless, the Defendant neglected this and did not discover the DNA c. (24 years old) driven by the victim C (24 years old) who was going to the direction of the tin elementary school in the direction of the luminous intersection in the luminous intersection in the above evision by negligence without reducing speed, and received the victim's right side side of the vehicle.

Ultimately, the Defendant, by negligence in the above business, caused the victim to suffer injury, such as scarcity salt, etc. which requires medical treatment for about two weeks, and at the same time, destroyed the above 615,000 won as repair expenses, such as hand-on, and escaped without taking necessary measures, such as aiding the victim, immediately stopping, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

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