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(영문) 전주지방법원 군산지원 2013.07.03 2013고정369
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is engaged in driving vehicles with Bursomom.

On February 17, 2013, at around 13:55, the Defendant was under the influence of alcohol of 0.128% of blood alcohol concentration, and the Defendant proceeded at a low speed from the 2nd line, which is the second line, the front of the Library Purged in the Military, Sinsan-si Campaign, into one lane), to the surface of a new apartment, from the surface of the public health clinic, private apartment. In such a case, a person engaged in driving service has a duty of care to look at the front line, to accurately operate the steering direction and brake system, and to ensure the safety of the Defendant. Nevertheless, the Defendant neglected to do so, due to the negligence of the Defendant, led the victim C (the Dogner that is driving at the age of 32) who changed the course from one lane to two lanes of the accident location.

As a result, the Defendant, by negligence in the course of performing his duties, caused the victim to suffer physical damage equivalent to approximately KRW 1,760,000 at the repair cost of the damaged vehicle, and escaped without taking any measures.

2. On February 17, 2013, at around 13:55, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.128%, driven approximately two kilometers from around the instant instant restaurant at which it is difficult to identify the trade name located in the Gun-si, Gun-si with his party Birsle-to-kick-si with the Birsle-to-kick-si, and operated approximately two kilometers from around the instant apartment restaurant at which it is difficult to identify

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, police statement of C, fact-finding report, and report on detection of state drivers;

1. Relevant legal provisions concerning criminal facts: 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 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55(1)6 of the Criminal Act;

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