beta
(영문) 서울북부지방법원 2012.07.13 2012고정89

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

Reasons

Punishment of the crime

1. On October 26, 2011, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) driving a Doing Vehicle in front of the 624 Jeju-dong 624 Jeju-dong 15-dong, and driving a Doing Doing Vehicle in front of the 15-dong 624 Jeju-dong, and driving a two-lane between the four-lane in the direction of the Nowon-gu Station

The driver of any motor vehicle shall have a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle while under the influence of alcohol, and shall immediately stop the motor vehicle and take necessary measures when any person is killed or injured due to the traffic of the motor vehicle.

Nevertheless, the Defendant proceeded with the blood alcohol concentration of 0.109% by a sudden backing back at the direction of the same progress, and the front part of the F rocketing passenger vehicle driven by E located at the rear direction of the same progress was shocked with the front part of the Defendant vehicle.

By these negligence, the Defendant suffered injury to the victim E (31 years of age, South Korea), which requires stability for two weeks, and left the site without taking any measure.

2. In the event of the above accident, the Defendant driven a dunch-free car amount owned by himself from the entrance of the acceptance acid in Seoul Special Metropolitan City, Nowon-gu to the front road of the apartment complex 624 Jeju Airport 15 apartment complex.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and G;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Procedure Act prohibits any disadvantage change.