logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.10.11 2013고정2136
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 10, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.114% of blood alcohol concentration on July 10, 2013, and driven the three-lane 387-11 ahead of Seoul Gangdong-gu, Gangdong-gu, Seoul, along one-lane from the direction of the hobridge to the hobridge.

Since there is a place where signal lights and crosswalks are installed, a person engaged in driving service has a duty of care to prevent accidents by taking a front door well and driving safely by complying with signals.

Nevertheless, the Defendant neglected this and is proceeding against the signal.

At this time, according to the defendant's right-hand side, the victim C (Nam, 26 years of age) who dried the crosswalk from the defendant's right-hand side is found late, and the victim was placed in front of the defendant's driving.

Ultimately, even though the Defendant suffered from an injury, such as saved salt in need of treatment for about two weeks, due to occupational negligence, the Defendant escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on the status of a drinking driver;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow