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(영문) 부산지방법원 2015.08.13 2015고정133
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cgner vehicles.

At around 23:00 on September 17, 2014, the Defendant, while under the influence of alcohol 0.122% of the blood alcohol concentration, driven the said vehicle into the croban hotel, running from the croban hotel to the croban stop.

Since there is a place where the center line of yellow solid lines is installed, the defendant was a person engaged in driving service, who has a duty of care to accurately operate the steering direction and brake system and not to drive the center line.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the steering gear, and was driven by the victim F (year 62) who was driving in the opposite lane due to the negligence of the central line, and was driven by the victim F (year 62) as the front wheel part of the passenger car.

The Defendant, by negligence in the course of performing the above duties, sustained injury to spawn spawn, etc. requiring treatment for about three weeks, and at the same time, escaped without immediately stopping the damaged taxi and taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the spawn to a considerable amount of KRW 2,295,274.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. A protocol concerning the examination of partial police officers of the accused;

1. A traffic accident report (1) (2), a driving driver's license report, and an on-site photograph of a traffic accident;

1. A medical certificate;

1. Application of the written estimate statutes;

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, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for each of the crimes;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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