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(영문) 서울북부지방법원 2016.09.08 2015고단3820
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on June 5, 2015, the Defendant was under the influence of alcohol with a blood alcohol content of 0.141% 0.1%, and the Defendant driven a DNA X-sports car from the front of the Gangnam-gu Do Office, Gangnam-gu, Seoul, Seoul to approximately 342 meters prior to the flow of the water basin to approximately 342 meters prior to the flow of the water basin.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant is a person engaged in driving a D liquid sports vehicle.

On June 5, 2015, the Defendant driven the above car at around 00:10, and proceeded the shooting distance in front of the above water basin from the shooting distance of the office in Gangnam-gu, Gangnam-gu to the unsured speed.

The Defendant, while under the influence of alcohol, neglected to observe the signal and perform the duty of front-time watch, etc. while driving the above shooting distance on the front side of the driver’s seat of the FF IMb750 car driven by the victim E (Nam, 33 years old) who is driving at the seat of the Gangwon Northern Police Station from the front-dong room, conflict with the front side of the above liquid sports car driving seat.

At the same time, the Defendant suffered from the victim G (V, South and 45 years old) who was a partner of the said IMW-750 car due to the above occupational negligence, each of the injuries such as salt, tensions, etc., in need of treatment between two weeks, and at the same time damaged the said IMW-750 car to be in excess of KRW 2,68,432 for repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The first and second police statements made to E;

1. The police statement concerning G;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to Chapter eight photographs of damaged vehicles;

1. Article 3 (1), Article 3 (2) (proviso) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 151, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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