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(영문) 의정부지방법원 2015.04.21 2015고정721
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) were driven by the Defendant around 00:08, the Defendant, on December 13, 2014, at the same time, at the 1st ton of B-wing and C-1 ton of cargo vehicles of KRW 87, in addition, at the 00,000, the Defendant got under the influence of alcohol and was negligent in failing to view the front section of the Defendant’s cargo vehicle as a signal signal signal from the front section of the Defendant’s cargo vehicle to the Defendant’s cargo vehicle, while driving the victim’s vehicle at the same time as the repair cost, approximately KRW 6,912,593 of repair cost, and destroyed the victim’s vehicle at the same time, and took any measure without delay.

2. Around 00:08 on December 13, 2014, the Defendant driven a 2 km section from the village of Ycheon-si to the intersection in front of the high-class stones in addition to the above Ycheon-si, in a state where the blood alcohol concentration is 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. A survey report on actual condition, on-site, and vehicle photographs;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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, the selection of fines for each of the cases;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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