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(영문) 서울북부지방법원 2016.06.16 2016고단1288
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 a period of two years 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 spectrum car.

On November 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.120% during blood transfusion around 00:05, and led the said car to proceed one-lane prior to Dongdaemun-gu Seoul Metropolitan Government D to an elementary school as the front side of this language from the ethical ethical ethical ethical ethic.

At the same time, the victim E (59) was stopped on the right side of the night, and there was a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and got the victim who left the above taxi to go beyond the ground by receiving the back part of the lower part of the defendant's passenger car in front of the car.

Ultimately, the Defendant driven while under the influence of alcohol content 0.120% in blood, and sustained injury to the victim, such as the right-hand salt panion that requires treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant escaped without immediately stopping a traffic accident that causes damage to the said taxi to a level equivalent to approximately KRW 1,691,820 in repair cost, and without taking necessary measures, such as checking damage damage and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (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 Code of Aggravation of Concurrent Crimes;

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