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(영문) 대구지방법원 서부지원 2014.07.25 2014고단819
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person driving a B-hurd motor vehicle.

1. On the roads in front of a multi-high school located in the Dagdong Co., Ltd. in Daegu-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around 25:24, 2014, the Defendant driven the said car under the influence of alcohol content of about 0.132% in the section of about 10 kilometers until around the road 1489-156, Seo-gu, Seo-gu, Seoul Special Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) have driven the above vehicles with the temporary bordering under the above 1.1.

In such a case, the driver has a duty of care to confirm the safety of the prior bank by properly examining the right and the right of the path and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and found DB-si, which was driven by the injured party C (the aged 50) who was waiting for signal in the same direction as that of the Defendant’s driving vehicle, late later, and received the back part of the said CB-si as the front part of the said AB-si.

As a result, the Defendant, due to the above occupational negligence, committed an act to inflict damage on the victim, such as saved saves, etc. for about two weeks, and, at the same time, did not immediately stop any property equivalent to KRW 5,305,30, such as the back part of the damaged taxi, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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