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(영문) 서울서부지방법원 2013.10.29 2013고단1922
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 mixed fish code car.

On May 30, 2013, while the Defendant was under the influence of alcohol of 0.112% on blood alcohol level around 05:00, the Defendant was negligent in failing to well look at the front road of the National Museum of Yongsan-gu, Yongsan-gu, Seoul, in the direction of the Dongjak-gu in the direction of the Dongjak-do, the Defendant: (a) caused the victim E (33 years old) who is going straight along the lane in the front direction of the course; (b) caused the victim to suffer injury, such as repair charges, 27,00 won; and (c) failed to immediately stop or stop the said ice car at the front direction of the running seat of the car in mixed with the above part of the driver’s seat of the car; and (d) at the same time, the victim was under the influence of causing injury to the victim, such as the escape certificate, etc., No. 4-5 confect and No. 5-6, which require the treatment of approximately five weeks; and (d) did not immediately stop the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A traffic accident report, accident site, and vehicle photograph;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Traffic accidents caused by the defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act while driving in a drinking state.

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