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(영문) 서울중앙지방법원 2013.06.14 2013고단2089
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

The defendant is a person who is engaged in driving a knife vehicle.

On March 19, 2013, the Defendant driven the above vehicle under the influence of alcohol of 0.102% of blood alcohol concentration at a 0.10%, and driven the 7-lane road in the 5-12-dong, Gangnam-gu, Seoul, Cheonggu, toward the direction of the Cheongstrogal distance from the school-dynamic distance, the Defendant driven the 2-lane along the lugal speed.

At the time of night, there are other vehicles driving along the front door, so in such a case, there was a duty of care to safely drive the vehicle, such as making a good report on the situation of the front-time traffic, accurately manipulating the steering system, etc., and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and led to the fault of the victim D (the age of 49) who was driving ahead of the Defendant, the lower part of the left part of the E-si driven by the victim D (the age of 49) was shocked by the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury on the two sides, etc., requiring medical treatment for the victim for about two weeks, and suffered injury to the victim FF (36 years of age) who was on the part of the victim, such as climatic salt in need of medical treatment for about two weeks. At the same time, the Defendant, while destroying the said taxi to make it 2,678,726 won in sum repair costs, did not immediately stop and escape without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Investigation report (Investigation of black stay images);

1. Each written diagnosis;

1. Application of the written estimate statutes;

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

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