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(영문) 대구지방법원 김천지원 2013.08.14 2013고단566
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 01:10 on April 26, 2013, the Defendant: (a) driven a D low-speed taxi with a blood alcohol concentration of 0.124% while under the influence of alcohol; and (b) driven a two-lane between the four-lane two lanes in the direction of the main construction distance in the Gu-U.S. In the direction of the flow distance from the main construction distance, the Defendant was negligent in performing the duty of the front-time watch while driving his vehicle in the same way as that of the victim E (the 51-year-old taxi) under the influence of the Defendant’s vehicle, and was led to the back-wing part of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim E, such as light oil and sacrife base, etc., which requires approximately two weeks of medical treatment. At the same time, the Defendant, while destroying the above rocketing taxi owned by the victim to damage the repair cost of KRW 1,901,680, did not immediately stop and escape without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G traffic accident-related written statements;

1. A traffic accident occurrence report, an acquisition-causing driver's license, and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment (the punishment for a crime is not exceptionally imposed in light of the fact that a traffic accident was committed while driving a sound driving without taking relief measures, but the punishment for a crime is minor, the fact that the victim has agreed with the victim, the fact that the victim has subscribed to a comprehensive insurance, and the first offender, etc.);

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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