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(영문) 서울서부지방법원 2013.03.28 2013고단96
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

The defendant is a person who drives a vehicle of the vehicle of the vehicle of the vehicle.

At around 00:10 on December 14, 2012, the Defendant was under the influence of alcohol with 0.19% of blood alcohol concentration 0.19%, and the Defendant was under the influence of alcohol at the upper water level to turn to the left at the lower water level.

Since there are frequent traffic signals installed, there is a duty of care to prevent accidents by accurately operating the steering and operating the steering system after checking the traffic situation of the intersection at the time of left-hand turn.

Nevertheless, the Defendant, while making a left-hand turn, operated the steering gear excessively to the left-hand side while under the influence of alcohol, and dumpeded the center line by the negligence, and received the part of the left-hand side of the victim D(45 years old) who is in the atmosphere signaled at one-lane from the upper water surface of the man joint area to the upper water surface in the middle of the four-lane 4-lane.

The Defendant, by negligence in the course of performing the above duties, suffered from a scopic scopical scopher, etc. requiring treatment for approximately two weeks, and at the same time, escaped without immediately stopping the victim and taking necessary measures, such as aiding the victim, even though he/she damages approximately KRW 553,296 due to even repair expenses, etc. on the left side of the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

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

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of a sound driving after destroying or damaging an article);

1. The punishment of specific crimes under Articles 40 and 50 of the Criminal Act is aggravated.

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