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(영문) 광주지방법원 순천지원 2014.05.14 2014고단265

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 00:34 January 16, 2014, the Defendant was driving a DNA-learning car under the influence of alcohol leveling 0.110% from the section of approximately 800 meters of alcohol alcohol level to the roads located in the Geumyang-dong gold-dong from the elementary apartment parking lot located in 130 gold-dong, Geumyang-dong.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dogju) driven the said car on the date and time set forth in the above Paragraph 1, and led to the flow of the road in gold-ri shopping district located in the GS25 from the entrance to the point of GaS25.

At the time, it is night and where the passage of ordinary pedestrians is frequent, so a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering gate, steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant got the victim E and F's bridge, which was placed on the front side of the said vehicle due to the negligence of driving the vehicle while neglecting it, to go beyond the road.

After all, the Defendant, by the above occupational negligence, sustained injuries to the victims, such as spawn salt, etc. on both sides of the need for medical treatment for about two weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victims, and escaped as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) and (2) (actual survey report);

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.