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(영문) 광주지방법원 2014.02.14 2013고정1940

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 7, 2013, while under the influence of alcohol by the Defendant at a 0.066% alcohol concentration, the Defendant driven a Crake-do car and proceeded along a four-lane road in front of the Gwangju Northern Culture and Arts Center, along the one-lane road in front of the Maambro-dong, Gwangju, about a two-lane road, while changing the two-lane road into a two-lane road, the Defendant did not neglect the duty of due care to change the course to prevent interference with the normal traffic of the vehicle running in the direction of driving in a safe manner so as not to cause interference with the normal traffic of the vehicle, and did not stop the said victim at the same time with the rear part of the right side of the Defendant’s vehicle so that the said victim is in need of treatment for about two weeks, tension, victim’s tension, and other necessary measures for rescue and relief of the said vehicle, and the Defendant did not immediately stop the said 6-lane zone to G 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A statement of F and G;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A report on investigation (54 pages of investigation records);

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

1. Article 148-2 (2) 3 and Article 44 (1) of the relevant Act on the Punishment, etc. of Specific Crimes; Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54 (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 an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;