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(영문) 서울북부지방법원 2017.03.30 2016고단5869
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

1. On November 7, 2016, the Defendant driving a motor vehicle under the influence of alcohol content of 0.106% in blood while under the influence of alcohol without obtaining a motor vehicle driver’s license from the front of the apartment apartment C, a defendant’s house located in Jung-si, Jung-gu, Seoul, Seoul, to the end of 87 km-ro 47 km-ro Dowing-ro, Gangnam-gu, Seoul, and without obtaining a motor vehicle driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person engaging in driving a D high-priced car.

On November 7, 2016, 05:45 around 05:45, the Defendant driven the said low-speed car while under the influence of alcohol without obtaining a driver’s license, and led the vehicle to proceed from the 87-lane 47 Do-ro, Gangnam-gu, Seoul to the basin of the water basin on the side of the mine. The Defendant is a road that is not divided between India and the roadway. A vehicle driver has a duty of care to check whether there is a person walking at the speed and to prevent accidents by safely driving the vehicle in advance.

Nevertheless, the defendant neglected to do so while driving so and went on the right side of the defendant E (55) due to the negligence of the defendant's failure to do so, followed by the defendant's driving with the front right side of the above high-speed car.

Ultimately, even though the Defendant suffered injury to the left-hand side of the victim requiring approximately six weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. To refrain from recording the measuring instruments for drinking;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. The Acts and subordinate statutes of a medical certificate.

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