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(영문) 대구지방법원 경주지원 2012.09.19 2012고정105
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of five 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 driving of C bargaining vehicles.

At around 06:00 on December 6, 201, the Defendant was under the influence of alcohol of 0.086% of blood alcohol concentration, and the Defendant: (a) loaded F in front of the E-cafeteria in the racing-si on the Defendant’s vehicle; and (b) moved F in front of the E-cafeteria in the racing-si; and (c) started with the starting operation of the above frighting vehicle, racing, elementary

At night, there was no good view at the time to view the vehicle at night, and the victim G (the age of 29) stolen the signal, thereby blocking the escape by leaving the front window in front of the right side of the vehicle and blocking the vehicle, depending on F, and the victim who wants to start the vehicle was in a state where the victim would have a rear the right side of the vehicle. In such a case, the driver of the vehicle had a duty of care to safely operate the vehicle by causing damage to the victim or stopping the vehicle at sufficient intervals.

Nevertheless, the Defendant had the victim go beyond the floor due to the negligence of driving a vehicle while under the influence of alcohol, while driving the right-stamper.

As a result, the Defendant suffered from the injury of climatic salt, etc. for about two weeks in need of treatment by occupational negligence as above, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

Facts of violation of the Road Traffic Act (driving)

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. A report on detection of a host driver;

1. An investigation report (including CCTV confirmation and attachment in writing);

1. The fact of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (including submission of a report on the use of cards and the statement attached thereto)

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the witness F;

1. The actual condition survey report;

1. Investigation report (including confirmation on the right-hand side of the vehicle, rear light, and accompanying documents);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions concerning facts constituting an offense;

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