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(영문) 서울남부지방법원 2015.03.26 2015고단221
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. From around 23:10 on November 21, 2014, the Defendant driven a DamM5 vehicle while under the influence of alcohol content 0.19% under the influence of alcohol content 0.19%, from a restaurant located in the large forest of Yeongdeungpo-gu Seoul Metropolitan Government to a 13-lane 5-ro 13-lane 5 of the same Gu’s route.

2. On November 21, 2014, the Defendant driving the above vehicle at around 23:00 on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) and driving the said vehicle at around 33:00, along the two-lanes between the two-lanes of the intersection and the intersection of the Workers' Center at the entrance of the new intersection of Yeongdeungpo-gu Seoul Metropolitan Government

Since there is a place near the intersection, there was a duty of care for those engaged in driving of a motor vehicle to live well with the front left and to prevent accidents by safely driving the motor vehicle in accordance with the signals and signals in advance.

Nevertheless, the Defendant was under the influence of alcohol as stated in the preceding paragraph, and the part on the back part of the F golf vehicle driven by the victim E (V, 29 years old) who was in the front direction of the signal at the front direction was driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as fluoral salt, which requires medical treatment for about four weeks, and at the same time, escaped without immediately stopping the victim, even though the Defendant damaged the victim’s vehicle to come up with approximately KRW 1,231,950 by exchange of back-fluor, etc., and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. A criminal investigation report (Attachment of a medical certificate submitted by a victim);

1. Application of the statutes governing a written estimate;

1. The relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Criminal Act.

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