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(영문) 서울북부지방법원 2015.04.28 2014고단4628

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 21, 2014, the Defendant driven a 0.136% alcohol level at around 08:30%, while driving a 0.136% blood alcohol level, and driving a two-lane road in front of the Dwabow in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul along the one-lane direction in the direction of the mid-gu 30-40km in the direction of the border market, and violated by occupational negligence the duty of the e (n, 56 years old) of the victim E (n,) who stops in the atmosphere and stops in the atmosphere due to the signal signal at the front of the math, and received the part back to the right-hand part of the said e-ray driver's vehicle.

As a result, the Defendant suffered bodily injury, such as salt panions that require treatment for about two weeks, and at the same time, the Defendant destroyed the instant car owned by the victim to the extent that it is necessary to repair 994,458 won, such as the replacement of the panions, and escaped without immediately stopping the vehicle and without taking necessary measures in the event of a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of G and E;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Provided, That it shall be limited to the extent that the aggregate of the maximum amount of the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act are added

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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