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(영문) 서울중앙지방법원 2019.05.16 2018고단8464

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around November 24, 2018, the Defendant was driving a DNA-based car under the influence of alcohol level of about 0.106% from the 5km section of Gangnam-gu Seoul to the front side of Seoul Jung-gu, Seoul, while under the influence of alcohol level of about 0.3% from around 23:30, 2018.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") were driven by a car re-scheduled in the above temporary border, while driving the car from the above temporary border to the four-lane area of the FF located in Gangnam-gu Seoul Metropolitan City in the vicinity of the insolvency Park Park in accordance with the four-lane. When the defendant neglected the duty of operating the entire bank and the accurate steering system under the influence of alcohol, such as the preceding paragraph, due to negligence in the course of business, caused the victim G (30 years old) who temporarily stops in order to turn out to the right right side of the defendant's driving vehicle, and caused the above victim to suffer from the injury, such as chill and tension, which requires treatment for about three weeks, 20 weeks, 5 weeks away from the above victim's driver's license, and 5 weeks away from both sidess and 5 weeks of the above car.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Written statements of victims;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (verification of damage to damaged vehicles);

1. Article 5-3(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148-2(2)2, 44(1), 148, and 54 of the Road Traffic Act concerning the crime.