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(영문) 서울서부지방법원 2014.09.25 2014고단1814
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 Act on the Aggravated Punishment, etc. of Specific Crimes (Domp Vehicles) the Defendant is a person engaging in driving a C-A-Wurt

On June 14, 2014, at around 07:22, the Defendant was under the influence of alcohol with 0.135% of blood alcohol concentration 0.135%, and the Defendant proceeded two-lanes between the two-lanes in the direction of Seodaemun-gu Seoul Western Hospital, Seodaemun-gu, Seoul.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, by reducing speed and checking the right and the right and the right of the person.

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as providing relief to the victim, even though the Defendant, by negligence in violation of the signal, went away from the right side of the moving direction to the right side of the victim D (n, 76 years old) who is crossing the crosswalk in accordance with the new code in the left side of the right side of the moving direction, and suffered from the injury of the victim, such as a pelle, closed nature (RT), etc., which intrudes the victim about four weeks of medical treatment.

2. From 06:00 on June 14, 2014 to 06:32 of the same day, the Defendant used approximately 10km distance from the front of Jeju-do Audo cafeteria located in Yong-dong, Yeongdeungpo-gu, Seoul, to the Defendant’s house parking lot located in Mapo-gu, Mapo-gu, at around 07:32 on the same day, a vehicle with a blood alcohol content of about 0.135% under the influence of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report on traffic accidents;

1. A written report from an employee of an employer;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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