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(영문) 서울동부지방법원 2014.02.13 2013고단2642
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 the operation of the CS5 car.

On July 20, 2013, the Defendant operated the said car under the influence of 0.2% of blood alcohol concentration without obtaining a driver’s license on July 20, 2013. The Defendant changed the course to the two-lane, while driving the said car along the influence of alcohol concentration of 0.2% from the 06:6:15.

In this case, a person engaged in driving service has a duty of care to operate direction direction, etc. in advance to give prior notice of change of course, and to change the lane in the future and the future.

Nevertheless, the Defendant neglected this and led the victim D(63 years of age) who was driving along the two-lanes of the course due to the negligence of changing the course, received the right side part of the E-off taxi from the left side part of the said car, and caused the said taxi to be pushed back to the e-off, and got the said taxi and the e-off fabbs in India beyond the central line.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as catum salt in need of treatment for about three weeks, and sustained injury to the victim FF (29 years of age) who was on board the said taxi, such as catum datum in need of treatment for about two weeks, and at the same time, did not immediately stop the said taxi to the extent that it damages KRW 8,153,673, and does not take necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G, and part of witness H’s legal statement;

1. Statement of D police statement;

1. A written statement of I;

1. Each traffic accident report, survey report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, reports on the statement of the situation of the driver concerned, reports on detection of the driver concerned, and the register of driver's licenses (A), respectively;

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