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(영문) 창원지방법원 2016.02.03 2015고정749
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

The defendant is a person who is engaged in driving a DNA motor vehicle.

On March 22, 2015, while under the influence of alcohol content 0.192% during blood transfusion, the Defendant driven the said vehicle and driven the road in front of the “satisfy distance” in the window of Changwon city, which is located in the window of Changwon city, at the speed of the Si-high speed. The Defendant driven the road at the speed of the Si-high speed along the two-lanes from the surface of the common-use distance room to the intersection of the common-use street.

At all times, there was a vehicle stop signal at the front, and the vehicle was waiting for an unspecified vehicle signal due to the fixed body of the vehicle.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front city and brake system.

Nevertheless, the victim E (42) who was waiting for the Defendant’s signal in front of the vehicle due to neglect of this, was found late to find out the Fluent vehicle in front of the vehicle and took emergency action, but did not reach the Defendant’s vehicle and received the part behind the vehicle in front of the Defendant’s driving.

Accordingly, the Defendant by such occupational negligence caused the victim’s vehicle passengers G (38 tax) to suffer injuries, such as gratum salt in need of two weeks’ treatment, and to the same H (10 tax) each side gratum, which requires two weeks’ treatment, and at the same time, destroyed the victim’s vehicle so that the repair cost of KRW 295,448, such as the exchange of gratum grats, is damaged to the victim’s vehicle so that the 295,448, and escaped from the victim’s vehicle without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty) regarding the crime in question.

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