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(영문) 서울중앙지방법원 2015.06.24 2014고단10220
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

On July 28, 2014, at around 22:35, the Defendant driven a FNAS car with a blood alcohol content of 0.147%, and made the turn to the left at the intersection of the H hotel located in Seocho-gu Seoul Metropolitan Government G from the national bank bank to the south side terminal at the bank of the national bank.

At the time, night and the surrounding areas came to the night, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the left door in the driver of the vehicle and accurately manipulating the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant got the victim I (the age of 48) driven by the victim I (the age of 48) who was driving at the opposite direction due to the occupational negligence without looking at the right and left-hand and left-hand side while it is difficult to drive in a normal condition, and suffered the victim's injury, such as crypitis, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The witness I and K's respective legal statements;

1. Some of the traffic accident reports;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each alternative fine for punishment (the full agreement with the victim, and consideration shall be given to the defendant, including the fact that the defendant has no criminal records other than the fine for drinking driving once, 207);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of fines prescribed for two crimes is aggregated);

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On July 28, 2014, the Defendant is under the influence of alcohol with a blood alcohol content of 0.147% around 22:35 on July 28, 2014.

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