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(영문) 서울서부지방법원 2015.11.24 2015고단2377
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who has violated the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents) and is engaged in driving a motor vehicle by obtaining a franchise;

At around 11:20 on August 21, 2015, the Defendant moved the fourth-lane of the fourth-lane in front of Eunpyeong-gu Seoul Metropolitan Government C in the direction of the Gu flag tunnel from the green translation direction.

At the same time, traffic congestion islands have been installed on the front bank, so in such a case, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle, to properly manipulate the steering direction and the system, and to prevent the accident in advance by safelypassing the steering direction and the system.

Nevertheless, the Defendant, while under the influence of alcohol, had a pedestrian pentle installed in the front section of the traffic movement island installed in the front section of the road and had the victim D (the age of 41) waiting for a pedestrian signal in order to collapse the road in the traffic movement island.

At the same time, the Defendant, by negligence in the course of performing such duties, sustained injuries, such as spawn and spawnitis, etc., on the left-hand side of the victim, and, at the same time, did not immediately stop the above traffic movement island so that the amount of approximately KRW 660,000 for repairing expenses, and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol concentration of approximately 0.226% at the 1km section from the front of the Mapo Center, the branch office of the Seoul Urban and Urban Gas Corporation, which was located in the green line of Eunpyeong-gu, Seoul, to reach the front road of the city parks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statements of E and D;

1. A traffic accident report, an actual condition survey report, and a report on detection of a drinking driver;

1. Medical certificates;

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