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(영문) 서울남부지방법원 2015.11.17 2015고단3425
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. The defendant is a person who is engaged in driving CT 100 Oral Bas on the Aggravated Punishment, etc. of Specific Crimes;

On May 21, 2015, the Defendant, while under the influence of alcohol of 0.074% with blood alcohol concentration around 20:20 on May 21, 2015, driven the above Otoba, and continued the front road of the tato Park located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the new ebbbbbbane.

At the same time, the road was at night, and there was a house near the road, so the driver who drives the road as a driver has a duty of care to ascertain whether there was a pedestrian walking on the road in front of the road by carefully examining the situation of the front of the road and the left and right, and to prevent the collision accident with the pedestrian.

Nevertheless, the defendant neglected his duty at the front of the running direction by negligence of the defendant while walking along the road at the front of the running direction of the defendant, and received the victim D (I am 49 years of age) from the front of the Otoba in the operation of the defendant.

As a result, even though the defendant suffered from an injury to a brain-dead, etc. which requires medical treatment for about three weeks, the defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

2. On the date and time set forth in paragraph (1), the Defendant driven C C C C C T100 Oba on the road from the “bedin Kinkin in the Newdong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, to the front road of the 955-1 new dong, Yangcheon-gu, Seoul, while under the influence of alcohol with a blood alcohol content of 0.074%.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness D;

1. Partial statement (including D's statement) of the suspect examination protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. A traffic accident report, a report on the occurrence of a traffic accident, on-site photographs, and video photographs;

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

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