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(영문) 서울중앙지방법원 2014.09.24 2014고단5756
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 16:50 on July 9, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.088% 0.08%, and the Defendant driven B ASEAN A7 car in the section of approximately 3km from the day before the tenk-19, Seocho-gu, Seoul, Seocho-gu, distributiondong to the road before the 738-19th day of distribution of Seocho-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those who are engaged in driving service of BAD A7 motor vehicles.

On July 9, 2014, the Defendant driven the said car under the influence of alcohol of 0.088% with blood alcohol concentration around 16:50 on July 16, 2014, and led the first line road in front of Gangnam-gu Seoul to proceed at a speed of approximately 30km per hour depending on the first lane.

In such cases, the driver has a duty of care to prevent accidents by keeping the person engaged in driving service with a view to drinking without drinking alcohol and driving the person well and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the front-down city and neglected to do so, and did not discover the victim’s Esch Rexroth car owned by the victim D, which was parked on the right-hand side of the Defendant’s running direction, and received the part of the above A7 car from the front-hand part of the Defendant’s driving to the lower-hand part of the said A7 car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim F (V, 54 years old), who was on board the said Lone Star Vehicle, such as light clocks for approximately two weeks of treatment, and at the same time, left the scene without taking necessary measures, such as immediately stopping the said Lone Star Vehicle owned by the victim D, even though it damages approximately KRW 1,043,898 of repair cost, and damages the said Lone Star Vehicle to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

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