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(영문) 서울중앙지방법원 2013.10.11 2013고단3286
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a lerabber vehicle.

On March 3, 2013, at around 00:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.135% of blood alcohol concentration, and continued two-lanes of six-lanes in front of the 587-23 Han Bank, Gangnam-gu, Seoul, Seoul, with two-lanes of the width of the local hospital located in the area of the bankruptcy park.

At the time of the defendant's transition, the driver is obliged to accurately operate the steering system, brakes, and other devices of the vehicle and to make a safe operation of the vehicle to prevent the accident in advance.

Nevertheless, the defendant neglected to do so and neglected to do so and neglected to do so, and the victim D (the age of 64) who was driven earlier by the victim D(the age of 64) was able to receive the back part of the left part of the vehicle in front of the right side of the vehicle of the defendant.

Ultimately, the Defendant, by occupational negligence, immediately stopped the above victim, and escaped without taking necessary measures, such as aiding the victim, even though the victim FF (the 27-year old age), who was on the above part of the vehicle, suffered bodily injury, such as salt, tensions, etc., of the trend that requires medical treatment for about two weeks, and at the same time, damaged the above part of the vehicle to move up to KRW 2,430,036, the Defendant left the vehicle and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Investigation report (related to statements made by the victim F);

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. The crime committed by Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act is committed after the injury resulting from occupational negligence.

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