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(영문) 대구지방법원 2015.02.05 2014고단3273
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a ASEAN car.

1. Around 23:40 on May 25, 2014, the Defendant driven the said vehicle under the influence of alcohol content of 0.199% from a section of about 500 meters from the 500-meter radius to the front road of the cafeteria referred to as “narcotics non-narcotics” restaurant located in the Dongcheon-gu, Daegu-gu, Daegu-gu, Incheon-do to the front road of the said Eup/Myeon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) took the influence of blood alcohol level of 0.19% at the above temporary border, and operated the above vehicle with about 30 eggs of water exemption, leaving the four-lane road in front of the erogate in the northwest-gu Seoul Northern-gu, the head of the Defendant, while neglecting the duty and duty of operation of the brake system at the front port, was due to the negligence of the victim F (W, 46 years old), who was in the signal atmosphere driven by the victim F (W, ) while driving the vehicle at the front right part of the vehicle driving by the Defendant.

As a result, the Defendant driven the said Aridi vehicle in a situation where it is difficult to drive the vehicle normally due to influence of alcohol and drugs, and suffered injury to the victim H, who is the passenger of the said Mati vehicle, due to the said victim and the said Mati vehicle, for about two weeks of medical treatment, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement of H;

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

1. Each written diagnosis;

1. Written appraisal of the concentration of blood algo;

1. Application of photographs of damaged vehicles, photographs of harming vehicles, and Acts and subordinate statutes on the site of accident;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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