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(영문) 서울북부지방법원 2013.04.18 2013고정350
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On October 23, 2012, at around 01:30, the Defendant driven the said car while under the influence of alcohol of 0.146% of alcohol concentration, and led to turn to the left at about 60 km of speed in the direction of the city in the long-distance market in the direction of the eropia hospital in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

At the same time, it was night and at the same time, so there was a duty of care to prevent accidents in advance by properly operating steering steering devices and brakes and safely.

Nevertheless, the defendant neglected to do so and tried to pass the E-Co car driven by the victim D (the age of 21) who was left at the right side of the vehicle of the defendant, from the left side of the said E-Co car, and received the above E-Co car's left part as the right fences of the said E-Co car.

Ultimately, the Defendant, by the above occupational negligence, committed the injury to the victim F (AF, 18 years old), victim G (a person aged 18 years old), and victim H (a person aged 26 years old) in need of medical treatment for about two weeks, and escaped without taking any measures such as aiding and abetting the said TCo car to repair the said 370,000 won, such as fences, and saving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D, F, G, and H;

1. Investigation Report (general - Madmark Investigation);

1. A traffic accident occurrence report, a traffic accident actual investigation report, a circumstantial statement of a drinking driver, and a report on detection of a drinking driver;

1. Each written diagnosis;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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

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