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(영문) 서울남부지방법원 2013.12.11 2013고단3241

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (hereinafter referred to as the "Act") on July 26, 2013, the Defendant driven a Dog-Jurt Motor Vehicle at C around 20:50, and, at the same time, passed the Dog-dong 754-22, the Dog-dong 754-gu, Yeongdeungpo-gu, Seoul, Seoul, about 20km a runway. The Defendant did not immediately stop the part on the front left left side of the E large-scale Dog-si, which the victim D (the age of 43) driven by the driver D (the age of 43) driving on the left side of the Dog-si, driving on the right side of the Dog-si, which was driven by the victim with the front part of the Dog-si in front of the Dog-si, thereby getting the victim a light with the need of 2 weeks treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 170 meters section of the blood alcohol concentration of 0.123% under the influence of alcohol at around the new elementary school located in 741-3 Dong, Yeongdeungpo-gu, Seoul, Seoul, through the above accident site from the water cooperative located in 692-3 Dong, Yeongdeungpo-gu, Seoul, Seoul, to the area near the new elementary school located in 741-3 Dong, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against the accused (including D's statement);

1. Statement made to D by the police;

1. The survey report on actual condition, the report on actions and circumstantial statements of a drinking driver, and the record book on drinking;

1. The report of investigation, the course of suspect movement;

1. On-site and vehicle photographs, on-site map, copy of 119 emergency medical services, and a detailed statement of Handphone calls;

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

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