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(영문) 서울동부지방법원 2016.01.28 2015고단3742
특정범죄가중처벌등에관한법률위반(도주차량)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. The Defendant is a person who is engaged in driving service of the B-learning automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and the Road Traffic Act (ii).

On October 12, 2015, the Defendant driven the said car under the influence of alcohol level of 0.14% during alcohol level of 21:10, and parked on the front side of the 63-lane reading day in Seongdong-gu Seoul, Seongdong-gu, Seoul, and caused the victim who was under the influence of alcohol and stopped on the right side of the Defendant’s vehicle due to the negligence of failing to properly operate the steering gear and brake system under the influence of alcohol, and caused the victim C to take measures necessary to rescue the said damaged vehicle and to stop the said vehicle without being able to rescue the victim and stop the vehicle without being able to take necessary measures to prevent the victim’s escape.

2. On the date and time set forth in paragraph 1, the Defendant driven the said vehicle under the influence of alcohol level of about 0.144% during the 1km section from the front side of the Seongdong-dong apartment site in Seongdong-gu Seoul Metropolitan Government to the place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A report on traffic accidents and a survey report on actual condition;

1. Whether he/she has made a statement on the circumstances of the driver under driving and output the measurement of drinking;

1. Each written diagnosis;

1. Written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime (a fugitive vehicle)

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