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(영문) 서울북부지방법원 2018.08.23 2018고단2571
특정범죄가중처벌등에관한법률위반(도주차량)등
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Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obaba in B.

On March 24, 2018, the Defendant driven the above Oralb while under the influence of alcohol content of 0.090% among blood transfusion 20:53 on March 24, 2018, and led the Defendant to drive the Oralba, while driving the above Oralba, and driving the front road C in front of the Seoul Jung-gu, Seoul at a speed that would not be known along the two-lanes of the mobilization market from the tri-distance bank.

Since the place has a crosswalk where a signal, etc. is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right and the right of the road, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded with the left-hand side of the victim D (58 tax) who walked a crosswalk in accordance with the crosswalk signals by negligence, disregarding the vehicle stop signal and driving it as it is.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of two weeks of treatment due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is in the state of drinking.

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