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(영문) 서울서부지방법원 2018.03.22 2017고단3210
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around August 30, 2017, the Defendant violated the Road Traffic Act (drinking driving) driving a Churbn vehicle with alcohol content of about 0.182% in the 139 Do 139 Do Do 139 Do Do 139, at the hotel in Jongno-gu Seoul, Jongno-gu Pison Pison-ro, Seoul, with a white-ro at around 03:35, 2017.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a state award), the Defendant is a person engaging in driving a motor vehicle with Chump.

On August 30, 2017, the Defendant driven the above car at around 03:35 on August 30, 2017, and 178 Mapo-gu, Mapo-gu, Mapo-gu, Seoul, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-dong, Mapo-dong, Mapo-dong.

At the time, since the four lanes are night and are prohibited from bypassing, there was a duty of care to prevent accidents in advance by complying with traffic laws and regulations, and accurately manipulating the steering and operating devices of the vehicle in order to prevent accidents.

Nevertheless, the Defendant neglected this and was negligent in driving a motor vehicle due to the negligence of driving the motor vehicle under the influence of alcohol as set forth in the above 1. paragraph, and received as the front door of the taxi driven by the victim D, who was in front of the left side of the taxi driven by the victim D, as is, the front door of the motor vehicle operated by the Defendant.

Ultimately, even if the Defendant suffered from an injury, such as finite salt, etc., to the victim for about two weeks of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A traffic accident report;

1. Vehicle photographs;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of view) and Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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