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(영문) 수원지방법원 성남지원 2017.03.30 2016고단3731

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of a new-beer or a car.

On October 30, 2016, the Defendant driven the said vehicle without a driver’s license, while driving the said vehicle at around 02:158% of alcohol concentration in blood, and driving the said vehicle at a 0.158% high school level prior to Gwangju metropolitan city at the dynamic seat, and invaded the center line of the victim D (29 years old) who was going on the opposite line of the Defendant, while driving the said vehicle at the dynamic seat of Gwangju middle school, and caused the damage to the victim D (29 years old) to undergo approximately two-day medical treatment to the victim D, who was the passenger of the damaged vehicle, and did not take measures to repair the 7 years old 7 years old Do 707 Do 707 Do 74, as it did not compensate the victim D for the injury, such as salt, tension, etc. requiring a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (simplified traffic);

1. A written statement;

1. A survey report on actual condition, a traffic accident occurrence report, a notification of the results of crackdown on drinking driving, and a circumstantial report on the driver of drinking;

1. On-site photographs, the driver's license register, and vehicle photographs;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime; Article 268 of the Criminal Act; Articles 148, 54(1) of the Road Traffic Act; Articles 148, 54(2)2, and 44(1) of the Road Traffic Act concerning the crime; Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the operation of a motor vehicle;

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

1. Selection of each selective fine for punishment (the central line while driving a motor vehicle with no license for drinking) is not sufficient to commit the instant crime, which led to the occurrence of an accident and injury to the victims, and escape without taking any measures.

(b).