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(영문) 제주지방법원 2016.01.27 2015고단1108
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 29, 2015, the Defendant, while driving CM vehicle with alcohol level of 0.193% in alcohol level at around 22:15 and driving CM vehicle in Jeju, was in the direction of viewing in the direction of movable property, due to neglecting the ozone distance in the direction of movable property, while driving CM vehicle in the direction of viewing in the direction of movable property, the Defendant’s chief sentence of EM vehicle driving in the victim D (V, 27 years old) driving vehicle driving along the lane on the side of the Defendant’s side, took the above part of EM vehicle driving seat and suffered injury to the victim due to the shock, and at the same time, did not immediately stop the above EM vehicle and rescue the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to traffic accidents prepared D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A survey report on actual condition and a report on investigation (the extent of injury to the victim);

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing vehicle photographs, victim vehicle booms video CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are considered in the sentencing of Article 334(1) of the Criminal Procedure Act: (a) recognition of the facts of crime and reflects the fact that the injured party is relatively minor; and (b) the injured party does not want to be punished against the Defendant by mutual consent with the injured party.

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