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(영문) 서울북부지방법원 2013.04.18 2013고단382
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 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 car by borrowing B.

1. Around 21:30 on January 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) led the Defendant to proceed at a speed of about 30km depending on the two-lanes of the five-lanes from the surface of the 643rd parallel road of Dobong-gu Seoul Metropolitan Government, to the new flow gate in front of the 643rd parallel road.

At the time, the signal lights are installed, and all drivers had a duty of care to safely proceed in accordance with the signals and prevent accidents by keeping the front, rear, and left well and to prevent accidents.

Nevertheless, the Defendant was smelled, and the victim C (33 years old) was driven by the victim C (33 years old) who was under a green signal due to the negligence of failing to perform the above duty of care when he neglected to turn to the left at the green straight signal with due care while drunking, such as a big distance, etc., and was driven by the driver in front of the Defendant’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed a victim’s driver’s vehicle in a amount equivalent to KRW 6,603,274, and at the same time, did not take necessary measures, such as aiding and abetting the victim while suffering from an injury, such as “damage to the front part,” which requires treatment for about five weeks.

2. On January 23, 2013, the Defendant driven the said vehicle under the influence of alcohol content of 0.104%, from the front side of the restaurant “Smid rice with support U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Written estimate;

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