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(영문) 서울동부지방법원 2018.07.13 2017고단3221

특정범죄가중처벌등에관한법률위반(도주차량)등

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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. The Defendant is a person engaging in driving of a DNA cruise vehicle.

On September 23, 2017, at around 01:35, the Defendant driven the above vehicle at a 0.137% alcohol level in the main stream of the 0.137% alcohol level in blood, and driven the above vehicle at a luminous intersection in the Olympic Winter (U.S.). At around 01:35, the Defendant driven the three-lanes of the three-lanes in the direction of the U.S. at a U.S. speed.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other devices of the motor vehicle in a state without any influence such as driving.

Nevertheless, the Defendant neglected this and received the back part of the Fpoter cargo vehicle driven by the victim E in front of the vehicle driven by the Defendant due to occupational negligence while driving the vehicle in front of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to salt, tension, etc. in the 2 weeks of need for medical treatment, and other detailed obscure parts, and escaped without any necessary measures, such as immediately stopping the victim and providing relief to the victim.

2. Violation of the Road Traffic Act (Dbeely driving) driving of a Dbee cruise motor vehicle under the influence of alcohol with approximately 0.137% alcohol concentration on the road located around approximately 30km from the influent land below the Gyeonggi-si, Gyeonggi-gu, Seoul, to the 10-ro northwest-ro, Gwangjin-gu, Seoul, Seoul, to the lower part of the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written statement of traffic accident occurrence status prepared by E;

1. The actual investigation report on traffic accidents;

1. Vehicle photographs;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate and estimate.