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(영문) 대전지방법원 2015.05.13 2015고정15
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If 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 a C car.

On October 31, 2014, at around 17:55, the above vehicle was driven in the state of the main alcohol concentration of 0.166%, and was led to the right bypass to the direction of the Busan Police Station located on the side of the building in this building.

In such cases, since there is a frequent traffic intersection, there was a duty of care to check and proceed with the traffic situation of the intersection as well as the temporary stop or slowly prior to the right of access.

Nevertheless, the Defendant neglected this and went to the right side of the damaged vehicle due to the fact that the victim D (the age of 63) drive the E-car and turn to the right side of the U.S. police station located on the right side of the Bomermera distance.

The Defendant suffered injury, such as light finite finites, which requires medical treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A medical certificate;

1. A written report from an employee of an employer;

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

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of sound driving), Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268(1) of the Criminal Act are included in the facts charged regarding the escape after occupational injury, and there is no disadvantage to guarantee the defendant's right to defense. Thus, the decision of fine shall be made without changing the indictment.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be the concurrent crimes resulting from the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty: Provided, That the minimum sentence shall be the punishment determined for the crimes of violation of the Road Traffic Act];

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The order of provisional payment;

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