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(영문) 서울중앙지방법원 2014.08.27 2014고단4603
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person engaged in the operation of the B-to-pur vehicle.

On June 20, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.105% on blood alcohol level 0.23:30, and continued to drive the said vehicle along the road near the 1957-lane south cycle of Gwanak-gu in Seoul Special Metropolitan City along the two-lanes of the 4-lane flow from the basin of the sand station to the flow station. While under the influence of alcohol, the Defendant neglected to perform the duty of care for the transition direction under the influence of alcohol and failed to timely operate the steering direction and operation system, the Defendant did not take necessary measures such as repair of the said vehicle by the victim C (25 years old) (3) driving at the right side of the vehicle in front of the victim C(47 years old) with the victim's 7-day driver's vehicle in front of the above 3-day driver's vehicle in front of the 47-day passenger vehicle in front of the 3-day passenger vehicle in front of the 3-day repair vehicle in front of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in E, C and G;

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

1. Reports (1), (2) on traffic accidents;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to investigation reports (Application of the Tramark Official Form);

1. Relevant laws concerning criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of sound driving), 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 occupational injury) and Articles 148 and 54(1) of the Road Traffic Act shall not apply after the accident.

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