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(영문) 서울서부지방법원 2016.07.08 2015고정1427
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by a fine of 3,500,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On June 13, 2015, the Defendant, who is engaged in driving a C non-Stop car, was driving the said car on or around 01:15, and sent the 163 M to the Mapo-gu World Cup, Mapo-gu, Seoul, and the 163 M to the Mapo Office distance from the ebbbbbbbs of the network, along the two-lanes in the direction of the Mapo Office.

Since there is a road for shotos, the defendant has a duty of care to prevent accidents by clarifying the operation of the vehicle's apparatus.

Nevertheless, the Defendant neglected to do so and allowed the said car under the influence of alcohol while waiting for a signal, and caused the collision of the part of the victim D ( South, 64 years old) who was behind the vehicle due to the rear panion, with the part of the victim D ( South, 64 years old) for E-business use.

Defendant 1 caused injury to the victim D, which requires two weeks of care due to such occupational negligence as above, to the victim F (son, 45 years of age), and to the victim F (the victim South and the age of 45) who is the passenger.

2. The Defendant driven C Non-Stop car under the influence of alcohol concentration of about 0.121% from the 1km section of 1km to the 26-lane 24-gil of the same Gu from Seongbuk-dong, Mapo-gu, Seoul to the 26-lane 24-gil. The Defendant driven C Non-Stop car from the 1km section.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of each traffic accident by the defendant, D, and F;

1. A mark of the measuring record of drinking;

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

1. Report on a traffic accident (written investigation 1, 2);

1. A copy of a medical certificate (D);

1. Application of video Acts and subordinate statutes;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

2. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the penalty provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment).

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