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(영문) 수원지방법원 성남지원 2013.11.21 2013고단2273
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 (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving service of Bbeer or passenger cars;

At around 04:50 on August 30, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.135%, and the long distance of the head of the Sin-U.S. village located in the area of the Sin-si in Sungnam-si was driven at a speed of about 80km/h, depending on the one-lane of the five-lane distance, from the gambing side to the gambing side.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to confirm whether there is another vehicle passing through the intersection by reducing the speed and by properly examining the direction and the right of the vehicle's driver, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant, by negligence in violation of the signal while under the influence of alcohol, tried to turn to the left at the right-hand turn from the front side of the middle tower elementary school to the left-hand turn at the front side of the Defendant’s vehicle, which was driven by the victim C(Nam, 57 years old) of the Dunstyna-si driving by the victim C(Systst and 57 years old).

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victim C, such as salt, tensions, etc. in need of treatment for about three weeks, and at the same time, destroyed the said taxi to have a total amount of KRW 3,084,936, and escaped without immediately stopping the said taxi to take measures, such as providing relief to the victim.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act, the Defendant driven a B B B B bee or car while under the influence of alcohol content 0.135% of alcohol content from the Seocho-gu Seoul Metropolitan Government to the front road of the Yami-dong located in the Yami-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident;

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