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(영문) 수원지방법원 2016.07.20 2016고단1169
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a DNA set of automobiles.

On February 5, 2016, the Defendant driven the said car under the influence of alcohol content of 0.161% in blood around 01:30, and led the Defendant to drive the said car before the floor under the jurisdiction of the local Eup/Myeon at the time of harmony, along the direction from the direction towards IC.

At the time, there were nights, and there was an intersection where signal lights are installed in the front door, so there was a duty of care to safely drive on the front door left and right by the driver.

Nevertheless, the defendant, by negligence while under the influence of alcohol as above, was driven by the defendant while neglecting it, and the victim E (e.g., 52 years old) who was standing in the signal atmosphere from the front side of the defendant, was driven by the back side of the driver's car at the Fle-si driving by the defendant as the front side of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. On February 5, 2016, the Defendant driven the said tran vehicle under the influence of alcohol by 0.161% from the 3km section from the roads in front of a mutual influent restaurant located in the Eup that is located in the direction of fluence at the time of harmony to the 205-5th road of the same Eup/Myeon 205-5th.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 148-2 (2) 2 of the Road Traffic Act (the occupation of drinking alcohol);

1. Selection of a selective fine (or a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act shall be recognized as erroneous;

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