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(영문) 대구지방법원 의성지원 2015.06.11 2015고정30
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle C1 ton.

1. On December 21, 2014, at around 21:20, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.146% from the entrance parking lot at the Seongbuk-gu, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, to the E located in D.

2. On December 21, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) drive the said vehicle while under the influence of alcohol concentration of 0.146% on the front of the E on the road located in Seongbuk-gun, Chungcheongnam-do; (b) led the Defendant to drive the said vehicle toward the erode on the side of the Gubongsan Park.

As a side road, a person engaged in driving service has a duty of care to live well on the front side and the left side, and to operate the steering and brakes accurately and safely.

Nevertheless, the Defendant neglected this and proceeded without accurately examining the front side while under the influence of alcohol and thereby received the left shoulder, etc. of the victim F, which was located on the right side of the vehicle, from the right side of the vehicle.

The Defendant suffered injury to the victim due to the above occupational negligence, such as the left-hand shoulder shacker, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, a survey report on actual status, and on-site photographs;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of fines), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes shall be aggravated for concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment;

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