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(영문) 의정부지방법원 고양지원 2015.01.23 2014고단1997
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

On August 4, 2014, at around 18:40, the Defendant is a person who is engaged in driving C used freight vehicles, driving the above vehicle while under the influence of alcohol concentration of 0.212%, and driving the vehicle at the time of strike, and driving the vehicle at the gold village in the front of the E-lane D at the time of strike, and driving the vehicle as a gold village.

In such a case, although a person engaged in driving service has a duty of care to make a change of course by operating direction direction, etc. in advance of the change of course, and to make a change of the vehicle in front and rear left, he/she neglected it under the above circumstances and neglected it to the right side while changing the vehicle to the right side as it is, and caused the victim F (F), who proceeded two-lanes in the same side by negligence, to the right side of the vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, committed an injury to the victim, such as brain salva, which requires medical treatment for about three weeks, and, at the same time, escaped from the scene without necessary measures such as providing relief to the victim, even after destroying the damaged vehicle to be 615,28 won in repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. Notification of the results of the regulation of drivers;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents, vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the inter-crimes and punishments) are heavier;

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