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(영문) 수원지방법원 안산지원 2013.07.18 2013고정829

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CHD car.

On January 20, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.087% 0.087% around 04:40 on January 20, 2012, and led the monthly Goak ginseng distance located in the Goakdong in Sinung-dong in Sinung-dong in Sinung-si, Sinung-si.

At the time, it is the intersection where the signal, etc. is installed at night and at that time, so in such a case, there was a duty of care to safely drive the vehicle along the specified lane by reducing the speed and keeping the front door well.

Nevertheless, the defendant neglected this and received the back part of the driver's seat of the E-learning car in the victim D (the 38-year-old driver's seat of the driver's license) who did not turn to the left at the same direction of the left by occupational negligence (the two-lanes) and did not turn to the left.

As a result, the Defendant suffered injury to the victim, such as brain dead without an open room for treatment for about two weeks from the above occupational negligence, and at the same time, the Defendant escaped without immediately stopping the damaged vehicle and without taking necessary measures, such as saving the victim, while destroying the damaged vehicle to fall under KRW 556,274.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A traffic accident report, a report on the occurrence of a traffic accident, a site photograph, an Internet satellite photograph on the scene of the accident, a damaged vehicle photograph, a drinking output paper (defendant), a piracy vehicle photograph, a diagnostic document, a written estimate, a black image photograph, and a report on investigation, respectively;

1. Application of statutes to inquiries about criminal records, etc.;

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