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(영문) 서울남부지방법원 2018.05.10 2018고단1479
특정범죄가중처벌등에관한법률위반(도주치상)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 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 drives B's HG car.

around December 18:22, 2017, the Defendant: (a) driven the said car under the influence of alcohol level of 0.237% in front of Guro-gu Seoul; (b) caused the victim D (48 years old) who was waiting at the signal at the front of the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement of the occurrence of an I traffic accident;

1. A traffic accident report;

1. A report on the record of drinking alcohol measurement, a report on the detection of a driver involved in drinking and a report on the circumstances of the driver involved in drinking;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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

1. The crime of Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) is committed.

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