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(영문) 서울중앙지방법원 2015.01.21 2014고단8668
특정범죄가중처벌등에관한법률위반(도주차량)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 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 and the Road Traffic Act (non-accidentd measures) are those who are engaged in driving of Branchising automobiles;

On October 31, 2014, the Defendant driven the said car while under the influence of alcohol of 0.203% of the blood alcohol concentration at around 10:50, and driven the said car at the speed of 0.203%, and driven the 1st line road of 68-gil, Gangnam-gu, Seoul, with the 68-do 25-ro, the 1st line road from the rolling station to the rolling station.

In this case, the driver has a duty of care to safely operate the car line on the basis of the string line. In this case, the driver has a duty of care.

Nevertheless, under the influence of alcohol, the Defendant was able to drive with the central line tightly without neglecting it, and the Defendant was able to receive the side door of the driver’s seat of the D Launa private taxi driven by the victim C(74 years of age) who was driven by the mathing road.

At the same time, the Defendant, by negligence on duty, sustained bodily injury, such as scopical salt, which requires treatment for about two weeks, and at the same time, destroyed the 865,126 cab owned by the victim so that the 865,126 won of the repair cost can be saved, and escaped without immediately stopping and taking necessary measures.

2. Around 10:50 on October 31, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.203% 0.20% on the roads near Samsungdong, Gangnam-gu, Seoul, Samsungdong, to the roads adjacent to the Seocho-gu, Gangnam-gu, Seoul Chodong Community Center, driving a Bholow-water vehicle at the 2km section from around the roads adjacent to the Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. A traffic accident report;

1. Investigation reports (Application of the Madmark);

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing vehicle photographs.

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