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(영문) 청주지방법원 충주지원 2018.01.23 2017고단923

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

1. On December 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Road Traffic Act (hereinafter referred to as the “PS”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, while under the influence of alcohol leveling 0.143% of the alcohol level during blood transfusion, the Defendant driven the B rocketing car volume and changed the course from one lane to three-lanes of the cultural distance range located on the chill road located on the chill road at the enclosed-dong of the Haju-ri-si, Chungcheongnam-si.

At the same time, the road with a lot of traffic of the vehicle from the victim C (n, 44 years old) is driving in the three lanes prior to the two-lane, so if a person engaged in driving service is a person, he/she has a duty of care to take care of an accident by accurately manipulating the steering direction and operation system and prevent the accident from occurring and safely driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect the duty of care and did not look at the front side of the vehicle, and did so, and caused the Defendant’s failure to perform the duty of safety driving by neglecting the part concerning the back part of the driver’s seat of the damaged vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as salt in the drilling requiring approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to have approximately KRW 1,750,483 of repair expenses, and escaped without taking necessary measures, such as immediately stopping the damaged vehicle at the site and providing relief to the injured party.

2. On December 6, 2017, the Defendant, while under the influence of alcohol at around 22:00, driven a rocketing vehicle owned by himself/herself from the shocking public parking lot located in the Geum-dong in the Chungcheongnam-si in the same time, from around 5 km to the road in the same time, while under the influence of alcohol at around 0.143%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs of an accident;