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(영문) 서울남부지방법원 2018.09.20 2018고단3648
특정범죄가중처벌등에관한법률위반(도주치상)등
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Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On 00:45 on 17, 2018, the Defendant driven a car of the C Belgium, which led to the passage of the road near the Bupyeong-gu Incheon Metropolitan City bypassing the road to the airside of the Bupyeong-gu Seoul Metropolitan City.

Since there is a separate straight line between a straight line and a right straight line, in such cases, the driver has a duty of care to protect the person engaged in the driving duty from collision with other vehicles by keeping his/her own motor vehicle line well and safely driving by checking the whole side of the motor vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care and tried to proceed with a straight bypassing from the straight line under the influence of 0.135% alcohol concentration in blood, and the victim E (56 Do) who was going on the right side of the F-si driving by the right side of the F-si driving by the right side of the F-si driving by the right side of the Belgium.

As a result, the Defendant caused the victim by negligence in the course of business to suffer injury to the base of salt, etc. in need of approximately two weeks of treatment, and at the same time, even if the taxi damages a total amount of KRW 1,281,596, the Defendant did not immediately stop and stop to rescue the damaged person, and driven a Belgium car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Accident video CDs;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A medical certificate;

1. Application of the written estimate statutes;

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

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

1. Selection of an alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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