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(영문) 서울서부지방법원 2015.02.16 2014고단2702
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle by obtaining a franchise.

On July 4, 2014, around 15:00, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.273% in the red sloping-dong, Seongbuk-gu, Seoul. On July 4, 2014, the Defendant driven the said vehicle and driven the said vehicle into one lane of the three-lane road in the internal cycle of the two-lane road from the sloping-dong, Chungcheongnam-gu, Seoul.

In such cases, the driver of a motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the road traffic situation and the structure and performance of the motor vehicle, and have a duty of care to prevent accidents in advance by safely reporting the traffic situation of the front-hand.

Nevertheless, due to the negligence of neglecting this, the defendant's driving in two-lanes to the right-hand side of the vehicle of the defendant, which is driven by the victim D (the age of 39) who is driving on the two-lanes to the right-hand side of the vehicle of the defendant.

As a result, the Defendant, by negligence in the course of performing his duties, sustained scams and scams in need of treatment for about two weeks, and escaped without immediately stopping the damaged vehicle and taking necessary measures such as providing assistance to the victims, even though the damaged vehicle was damaged by the repair cost estimate of KRW 1,193,748.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to medical certificates and specifications of automobile inspection and maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury by occupational negligence), Article 268 of the Road Traffic Act as to the crime in question.

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