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(영문) 서울동부지방법원 2017.05.17 2017고단900
특정범죄가중처벌등에관한법률위반(도주치상)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 Crane car.

On January 21, 2017, the Defendant driven the said car under the influence of alcohol level of 0.102% during blood transfusion around 00:30 on January 21, 2017, and stopped on the side side of the access road to the west-gu Seoul Olympic Games, which changed rapidly to the left side and changed to the course to the left side.

In such cases, a person who is engaged in driving of a motor vehicle is obliged to take into account the direction of driving the motor vehicle normally in a state without influence such as drinking, etc., to drive the motor vehicle in a normal direct manner in advance and to change the lane safely after giving prior notice of change of course.

Nevertheless, the defendant neglected this and changed the lane rapidly, while driving four lanes, received the back part of the motor vehicle's right side of the motor vehicle from the E-to-low-pured E (53 ) which is driving by the victim D(53).

As a result, the Defendant suffered injury to the victim, such as light dump dump, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the vehicle to ensure that the 3,612,629 won of the repair cost is damaged and the damaged person was parked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a written diagnosis, a written estimate, or a report on the detection of a driver in charge;

1. 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, 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 Competition;

1. Selection of penalty for imprisonment with labor;

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

1. The Criminal Act for mitigation of quantity;

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