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(영문) 부산지방법원 동부지원 2016.11.28 2016고단1748
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and a violation of the Road Traffic Act (unclaimed Measures after Accidents) were driven by the Defendant on around 22:13 on September 21, 201, while under the influence of alcohol of 0.14% of the blood alcohol concentration of 0.14% on the part of the Defendant, and continued to proceed to the luminous bathing beach area on the side of the plaza in accordance with one lane among the two lanes in front of the E in Busan Suwon-gu D.

In this case, a person engaged in the driving of a motor vehicle has a duty of care to accurately operate the steering direction and brake system in the vicinity and to drive the motor vehicle safely, and due to the negligence of the victim F.F.(24 years old) who was driving along the same lane in the front section of the motor vehicle operated by the victim F.F.(24 years old) while not driving the motor vehicle properly despite the duty of care to drive the motor vehicle properly, the part on the right side of the G K5 motor vehicle and the part on the back side of the

As a result, the Defendant suffered from a light and sacratal safin which requires treatment for about three weeks, and at the same time, even though the Defendant damaged the victim’s car to have an amount equivalent to KRW 2,022,128, it did not immediately stop and take necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving approximately 2 km from the off of the Orariju station in the Southern-gu Nam-dong, Busan, which was under the influence of 0.144% of blood alcohol level at the above temporary location to the front day of the Samacheon-gu, Namcheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to F and H by the police;

1. A report on detection of a host driver;

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, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.

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