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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단752

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On March 4, 2015, the Defendant driven the said car with the blood alcohol concentration of 0.122% 0.10% around 23:10, while under the influence of alcohol, and led the Defendant to proceed to the lake Park on the side of the mountain zone in the vicinity of the 18-lanes of the Solsan-gu, Solsan-gu, Solsan-si, the 18-lanes of the Solsan-si.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes for those engaged in driving of motor vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in two-lanes on the front left and waiting for the left-hand turn signal, was shocked with the back-hand part of the victim D(57 years old) driving Ebs car in front of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim D and the victim passenger F (n, 54 years of age) to inflict an injury on the cirical salt, tension, etc. requiring approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle by the repair cost of KRW 13,850,320, and escaped without taking necessary measures, such as aiding the victim by stopping the vehicle immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Statement on the actual condition of traffic accidents, report on the detection of a driver, and report on the actual status of a driver;

1. Each written diagnosis and written estimate;

1. Application of on-site photographs and Acts and subordinate statutes governing vehicles photographs;

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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;