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(영문) 서울서부지방법원 2013.11.25 2013고정2144
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 29, 2013, the Defendant was under the influence of alcohol on March 23:30, 2013, while driving the D Ecoos car, and the 179-2 secondary operation of Mapo-gu Seoul, Mapo-gu, Seoul, which is the accident site, proceeds about 40 meters from the parking lot of the Seoul Mapo-gu, Mapo-gu, Seoul, to the street above 179-1, the Seoul Mapo-gu, Seoul.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to accurately operate the steering system, brakes and other devices of motor vehicles, and to not drive motor vehicles at a speed or in a manner that may cause any danger and injury to others according to the road traffic situation and the structure and performance of motor vehicles.

Nevertheless, under the influence of alcohol, the victim E was not found in the front part of the Defendant’s vehicle, and the part of the Defendant’s vehicle was behind the Defendant’s vehicle without discovering the victim E, which was in the front part of the Defendant’s vehicle.

Therefore, the defendant suffered injury to the left-hand side and the left-hand side-hand side in need of approximately three weeks of medical treatment by occupational negligence as above.

2. The Defendant was under the influence of alcohol by 0.165% at the same time and place as the above Paragraph 1, and the flusium 179-2 flusium 179-2 flusium flusium flusium flusium in Mapo-gu Seoul Metropolitan Government to 179-1 flusium flusium flusium flusium flusium flusium flusium.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Detention at a workhouse;

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