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(영문) 청주지방법원 2018.11.23 2018고단184
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, the fine shall be 100.

Reasons

Punishment of the crime

On October 17, 2017, the Defendant driven a B rocketing motor vehicle with a alcohol level of at least 0.05%, while under the influence of alcohol at around 22:10 on October 17, 2017, and driven the two-lane road in front of the Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

At the time, there was a night and a preceding vehicle, and thus, the defendant was engaged in driving duty of care in a safe way by properly operating the steering wheel and steering system and operating the steering wheel and steering system.

Nevertheless, Defendant 1, while under the influence of alcohol, did not keep the front door without properly examining the front door, was under the influence of alcohol and was under the influence of the victim D(30) driving in front of the said rocketing passenger car, followed by the left side of the said rocketing passenger car, and received the lower part of the fences in front of the right side of the said rocketing passenger car.

Defendant D by negligence in the course of performing such duties as above;

D. F(F) and G(1) suffered injury in need of approximately two weeks of medical treatment, and at the same time, they did not stop and escape without taking measures such as providing relief, even if the said car was damaged to cover KRW 1,476,973 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, and investigation report (the first 25,26, 115 on a net basis);

1. An accident scene photograph;

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, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Each selective fine for punishment;

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's person who has reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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