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(영문) 청주지방법원 2016.08.05 2016고단375
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by a fine not exceeding eight million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On November 23, 2015, the Defendant driven the said car under the influence of alcohol content of 0.091% during blood transfusions, and led to the driving of the said car in front of the D cafeteria located in Chungcheongnam-gun C, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the water from the luminous distance.

At the time of night, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant neglected this and went off a lane by negligence without properly operating the steering gear, and put the victim E (50 years old) who was laid on the right edge of the road, slicked on the drum and slicked on the water at the right edge of the road.

Therefore, even though Defendant 1 suffered from an open wound in need of the victim's treatment for about three weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, on-site photographs, photographs of harming vehicles, reports on the occurrence of traffic accidents (e.g., escape), car inquiry, reports on detection of drivers of primary drivers, and medical certificates;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and loss), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances are the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, and the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

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