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(영문) 수원지방법원 2014.09.18 2014고정1224
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On December 31, 2013, the Defendant driven Crecing car at the section of approximately 8km from the front of a mutual influoral parking lot located in the common parking lot in Ansan-gu, Seog-gu, Sinsan-si in the state of alcohol concentration of 00:52% on blood alcohol level, to the front of the Gu transportation distance, which is located in the Gu transportation campaign at Suwon-si, the Defendant driven Crecing car at the section of about 8km.

2. On December 31, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) driven by the said Lescopon vehicle on 00:52 on 31, 2013, and went to the left at about 40-50 km from the front side of the Escopon vehicle driven by the victim D (Nam, 52 years old) who is directly under the said Lescopon vehicle due to the rain of alcohol and neglected to observe the signal at the speed of about 40-50 km from the front side of the Escopon vehicle.

At the same time, the Defendant, by negligence in the course of performing the above duties, suffered from a fluoral salt fluor, etc. requiring treatment of the victim for about two weeks, and at the same time, escaped without immediately stopping the said car and taking necessary measures, such as providing relief to the victim, even though the said car was damaged by KRW 7,81,953.

Summary of Evidence

In light of the background leading up to arrest of the defendant, D's statement about the circumstances immediately after the accident of this case, degree of injury inflicted on the defendant, etc., it is reasonable to deem that the defendant had a criminal intent to commit an unmeasures after escape and accident

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Written statements of D;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on detection of drinking drivers, records of measurement of drinking, and circumstantial statements of drinking drivers;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes to images recorded in a black box of damaged vehicles;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act concerning the facts constituting the crime;

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