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(영문) 서울중앙지방법원 2015.11.25 2015고단6113
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On August 31, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) (A.D.) (A.D.) operated a Bchip low-XG car on a four-lane road in front of Seocho-gu Seoul Metropolitan Government, along the art tropeds of the art trop from the private road surface, and in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by making it possible for the person engaged in driving a motor vehicle

Nevertheless, under the influence of alcohol, the victim D (year 35) who was driving on the right side of the driving vehicle of the Defendant due to negligence while neglecting this, was driven by the victim D (year 35) who was driving on the right side of the driving vehicle.

As a result, the Defendant suffered injury to the victim, such as the left-hand pelvise, which requires medical treatment for about 12 weeks by the above negligence, and at the same time, the Defendant escaped without immediately stopping the damaged bicycle so as to have approximately KRW 19,559,100 of the repair cost, and without taking necessary measures, such as aiding the victim.

2. On August 31, 2015, the Defendant driven the said car while under the influence of alcohol content of about 0.074% from the 17km section from the front of the "Mulan" restaurant located in the Gwanak-gu Seoul Special Metropolitan City, Seoul, to the front road of the "Mulan" restaurant, which is located in the Namnam-gu Seoul Special Metropolitan City, to the Sungnam-si Seoul Special Metropolitan City (Seoul Special Metropolitan City), with a blood alcohol concentration of about 17km.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. A traffic accident report;

1. A damaged bicycle photograph and a rear photo on the right-hand side of the skin;

1. A witness's black stuff photograph, a witness's black stuff, and a witness's video CD;

1. The place where the measurement of suspect's drinking alcohol is recorded, investigation reports, and reports on detection of drinking drivers (Evidence List 12, 19, 23);

1. Each victim;

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