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(영문) 수원지방법원 안양지원 2015.05.14 2015고단338

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

It is necessary to revise and supplement the facts charged without going through amendments to Bill of Indictment to the extent that it seems that there is no substantial disadvantage to the defendant's defense right.

The defendant is a person who is engaged in the duty of driving C Costa Car.

On February 17, 2015, the Defendant driven the said car under the influence of alcohol level of 0.150% from the roads near the pande station located as a citizen of the Gu in Ansan-si on February 17, 2015, and the Defendant was driving the said car in the direction of So-cheon Village at the entrance of the Hancheon-gu at the same time, around 07:25 on the same day.

However, the Defendant received the front part of the victim D(63 years old) driving in the direction of the road in the direction of the rest of Geumcheon-cheon Village under the influence of alcohol from the front part of the Defendant’s driving car.

As a result, the Defendant suffered injury to a victim for about 10 days due to the above occupational negligence, and at the same time, escaped without taking necessary measures, such as destroying 3,315,101 won, such as exchanging the victim's driver's vehicle, and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Written estimate and written diagnosis;

1. Application of the statutes concerning the pictures of cases, such as the site and vehicles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.