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(영문) 대구지방법원 서부지원 2014.05.23 2014고정269

특정범죄가중처벌등에관한법률위반(도주차량)등

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Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Chived vehicle.

1. Around 23:10 on December 17, 2013, the Defendant driven the said vehicle while under the influence of alcohol content 0.117% at a distance of about 1.5 km in front of the 'Japanese Carbon Birs in front of the restaurant,’ located in the Seogu Seog-gu, Daegu-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dominated Vehicles) and the Road Traffic Act (U.S.) provided that the Defendant had a duty of care to reduce speed and accurately manipulate the steering gear and drive safely by driving the vehicle while under the influence of alcohol on the date stated in Paragraph 1, and driving the two-lane road in front of the Geum River Domina Center in the Seogu Seo-gu, Seogu, Daegu at a speed of about 30 to 40 km from the direction of the Seongbuk to the New World Motor Vehicle Maintenance Station. As such, the Defendant had a duty of care to safely drive the vehicle by accurately manipulating the steering gear and operating it.

Nevertheless, the Defendant neglected to do so and led to the collision between the E-car driving volume of the victim D (the age of 33) who was at the center of the central line due to the negligence bypassing it.

As a result, the Defendant, by its occupational negligence, destroyed the victim D, and escaped without necessary measures such as providing rescue to the same F (the 34-year old-age-old) with detailed brain salvins, etc. requiring treatment for about three weeks, such as being in need of treatment for about three weeks to the same G (the 40-year-old passenger) who is the back seat of the damaged vehicle, as well as taking care for about three weeks, and causing damage to the upper part of the damaged vehicle, thereby damaging the repair cost of KRW 2,23,173, and destroying the damaged vehicle to ensure that the amount of KRW 2,23,173 is KRW 2,173.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and H;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;