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(영문) 서울북부지방법원 2015.05.14 2015고단919

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 11, 2015, while under the influence of alcohol 01:00, the Defendant driven a small-scale car with the alcohol content of 0.153%, and turn to the left from the direction of the Aambo-distance in the direction of the Aamba-distance in front of the Dongdaemun-gu Seoul, Dongdaemun-gu, the Defendant: (a) was under the influence of alcohol; (b) caused occupational negligence on the part of the victim D (56 years old) who was directly under the driver’s right-hand signal from the Defendant’s vehicle driving direction to the right-hand part of the Defendant’s car driving; (c) caused the victim’s injury, such as the camb and tension, which requires approximately 2 weeks treatment to the victim; (d) caused damage to the victim F (F) who was the passenger of the said D-si to undergo approximately 4 days medical treatment for about 9 days; and (d) took necessary measures such as repair of the victim, such as 98 Do 186 Do Do 34, etc.

Summary of Evidence

1. The defendant's legal statement F, each police statement of the defendant with respect to D, and written estimate of his/her opinion;

1. The actual condition of traffic accidents (1), and (2);

1. A report on detection of escape vehicles from drinking accidents;

1. A report on detection of a host driver;

1. Application of statutes on the site and vehicle photographs;

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 and 54 (1) of the Road Traffic Act, Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving a motor vehicle);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act with heavier punishment between the crimes under Articles 40 and 50 of the same Act);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;