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(영문) 서울남부지방법원 2018.04.05 2018고단590
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do Governor's Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (after an accident) are persons engaged in driving a CV-si cab. Around December 17, 2017, the Defendant driven this vehicle at around 05:20, while driving the front road of the Geumcheon-gu Seoul D Building on a two-lane road from the Sinung-gu, Geumcheon-gu, Seoul, to the Sinung-gu (hereinafter referred to as the “Sinung-gu”), while driving the road at the Sinung-gu (hereinafter referred to as the “Sinung-gu”), while neglecting the traffic signal at the intersection where the signal, etc. is located, proceed in the opposite room due to occupational negligence, so that the victim E (69 years of age) who stopped pursuant to the said subparagraph (hereinafter referred to as the “victim”), who did not suffer any injury to the victim, such as the front wheel of the Defendant’s seat with the front wheel.

2. While the Defendant was under the influence of alcohol concentration of 0.171% from the day indicated in paragraph 1, the Defendant driven a NAS car at the direction of approximately one kilometer from the front of the Geumcheon-gu Seoul Metropolitan City Sporo on the road to the front road of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. A certificate of drinking alcohol measurement, a report on the circumstances of the driver involved in drinking, and a report on the detection of the driver involved;

1. A medical certificate;

1. Written estimate;

1. Application of the investigation report (the application of the above dmark formula) statute;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 54(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Article 40 of the Criminal Act of the Commercial Competition.

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