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(영문) 인천지방법원 부천지원 2019.11.29 2019고단3050
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaged in driving B QM6 automobiles.

피고인은 2019. 5. 31. 18:30경 혈중알콜농도 0.111퍼센트의 술에 취한 상태로 위 승용차를 운전하여 부천시 C 부근 도로를 땡땡이오거리 쪽에서 부천북부역광장 쪽으로 진행하게 되었다.

There is a duty of care to prevent accidents by accurately manipulating the steering gear, as it is a one-way passage on which no entry is marked, and thus, a person engaged in driving a motor vehicle shall not drive the motor vehicle in violation of the signal or instruction indicating the traffic safety facilities, and the driver has a duty of care to prevent accidents by properly manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was able to walk on the right side of the victim D (the age of 46) who was walking on the right side of the Defendant due to the negligence of driving on the one-way road.

Ultimately, even though the Defendant suffered injury, such as salt, tension, etc., to the victim for about two weeks of medical treatment due to occupational negligence as above, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a B QM6 car in the state of alcohol of about 400 meters from the 400-meter section to the place indicated in paragraph 1, from the road near the Fridge in the city of Busan, the date stated in paragraph 1 to the place indicated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), and the report on the state of drinking driving;

1. The actual condition survey report, the 112 Report Processing Manual, the scopic photo, the scopic video images, the On-siteCCTV.

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