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(영문) 수원지방법원 2016.05.11 2016고정79
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 29, 2015, the Defendant driven DK5 car into the green apartment on the lubulel of the green apartment, with a flown 0.180% alcohol concentration among the blood transfusion around 20:15, under the influence of 0.180%.

The Defendant, while under the influence of alcohol, committed an occupational negligence to turn to the left or U-turn, fluordd the central line on the blue apartment side of the victim E (n.e., the 38-year-old driver’s pentel part of the left-hand part of the driver’s vehicle of the victim E (n.e., the 38-year-old driver’s age) with the front part of the Defendant’s vehicle, thereby causing injury to the victim, and at the same time, did not take measures such as aiding the damaged vehicle to repair 3,282,00 won without immediately stopping the damaged vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 148-2 (2) 2, Article 44 (1), Articles 148, 54 (1) (the occupation of a person who drives a drinking), and Articles 54-3 (1) 2 and 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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