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(영문) 서울중앙지방법원 2013.09.13 2013고단2670
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

On May 13, 2011, the Defendant issued a summary order of KRW 2.5 million at the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million on March 19, 2013 to a fine for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court.

On April 23, 2013, under the influence of 06:00% of alcohol content, the Defendant driven CM5 vehicle under the influence of alcohol content of 0.108%, and proceeded with the 5th line of 124rd-do, Gangnam-gu, Seoul, as both refluences in the basin. Since the yellow defluor line is installed on the front section of the road, the Defendant is obliged to keep the 5th line well and operate safely, despite the occupational duty of care to keep the 6th line well and safely, the Defendant was negligent in drinking so that the victims D (65 years old) who were at the safety zone installed on the opposite direction side of the road can be driven by the front part of the car operated by the Defendant, and the Defendant was able to take necessary measures such as repair and maintenance of the 124rd-do 124rd-dong, and each of the said 25 years old-old 20th east 25 years east 25 years east 25 years east.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D and F;

1. Each statement on the occurrence of each traffic accident prepared by G and H;

1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and

1. Entry in the register of driver's licenses;

1. Statement of the actual survey report on traffic accidents;

1. Each description of each written diagnosis and written estimate;

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