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(영문) 대구지방법원 경주지원 2014.03.11 2014고정2
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B Hadysta car.

1. On March 24, 2013, at around 20:57, the Defendant driven the said car under the influence of alcohol of about 10k alcohol concentration of 0.151% from the 10km section of the blood alcohol level to the front road of the “Yaju-dong,” located in the Yellow-dong, Young-si, after going through the place of accident described in paragraph (2) from the vicinity of the trade infriite-dong, Chungcheongnam-si.

2. Around March 24, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) (A.S.) driving the said vehicle and driving it on March 24, 2013, followed by the “A.cheon-dong (A.S.)” located in the Dongcheon-dong (S.) and

In such cases, a person engaged in driving duty has a duty of care to safely pass through an intersection by examining whether there is a vehicle entering the intersection from the left or right to the intersection.

Nevertheless, the Defendant neglected this and went through the above intersection by the negligence of driving under the influence of alcohol, and received the Defendant’s full right side of the victim C(59 years old) driving by entering the above intersection from the south luminous side as the front side of the car.

Ultimately, even though the Defendant suffered injury to the victim, such as bones salt, tensions, etc. requiring medical treatment for about two weeks by occupational negligence as above, and at the same time, destroyed the above vans to be in excess of KRW 1,465,546, it did not immediately stop the vehicle and escape without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each report on actual condition;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of the written estimate statutes;

1. The specific crime under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) regarding the crime and the specific crime.

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