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(영문) 서울북부지방법원 2017.10.19 2017고단3265
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B B B B B B B B.

On July 22, 2017, the Defendant driven the said car under the influence of alcohol content of 0.161% during blood transfusion on July 22, 2017, and proceeded the front road of Seongbuk-gu Seoul Metropolitan Government with the c-ro c-ro from the opening of the c-ro of the c-ropolog.

In such cases, there was a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle well look at the right and right of the front and right of the motor vehicle, and accurately operating the steering and steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent and proceeded to the back side of the Defendant’s vehicle to the left side of the instant vehicle by the victim D (61 SM5 si) who was parked in order to get the customer to get the customer in the front bed.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence, and at the same time, the Defendant escaped without immediately stopping the said taxi and without taking necessary measures, such as providing relief to the injured party, while destroying the said taxi to move about KRW 582,284.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Traffic accident report-survey report on actual condition, the situation report on the driver at the main place of business, vehicle photographs, medical records, diagnosis records, and estimates;

1. Application of Acts and subordinate statutes on investigation report (final alcohol concentration);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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