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(영문) 인천지방법원 부천지원 2017.11.30 2017고단1861
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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

Reasons

Punishment of the crime

On April 2, 2017, the Defendant stopped at the right edge of the road, while under the influence of alcohol concentration of 0.087% in the blood, on the road in front of Seocheon-si, Busan, and under the influence of alcohol concentration of 0.087% in the blood, and was stopped at the right edge of the road.

D Lastren's car driving at the left side and driving the said car towards the left side. Since there have been a lot of vehicles passing at that time, the width is narrow one-lane, it is so long. Therefore, despite the duty of care to safely prevent the occurrence of an accident by checking the front and rear left side of the vehicle, a person engaged in driving the vehicle, who was negligent in driving the vehicle under the above influence of alcohol and did not find the above Hastren's car driving at the victim E (56 years old) driving, who was directly under the left side of the vehicle under the above Hastren's car, and did not immediately leave the above Hastren's car to the right side of the vehicle, and without having the victim G (5 years old and 5 years old) who was on board the vehicle under the above Hastren's driver's duty of care to safely prevent the occurrence of an accident and to prevent the occurrence of an accident, and caused the victim's injury to the vehicle under the circumstances, such as the victim's repair and the above 5th day of the vehicle under consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers of H and I (list 19,20);

1. Statement of the police statement to E (List 15);

1. Report of a traffic accident (List 1), notification of the results of crackdown on drinking driving (List 5), and medical certificate (List 13);

1. A report on internal investigation (List 16);

1. Application of photograph (List 4) Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act (domination award), Articles 148 and 54 of the Road Traffic Act.

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