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(영문) 인천지방법원 부천지원 2014.01.23 2013고정2203
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a set of car B.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Measures Taken after Accidents) on September 11, 2013, the Defendant was under the influence of alcohol at the 0.172% of blood alcohol level from the fluence road of Yang-si, Yangpo-si, Kimpo-si on September 11, 2013 to the point of accident where the vehicle flow is being driven at the 0.172% of blood alcohol level from the fluence road of Yangpo-si, and was under the influence of the vehicle flow from the flusium to the point of accident where the vehicle flow is being driven at the flusium in the flusium. However, even though the Defendant was negligent in performing the occupational duty of care to ensure safe driving of the vehicle driven at the front direction,

The Defendant, by such occupational negligence, inflicted an injury upon the victim for about two weeks of medical treatment such as inception in detail known to the victim, and escaped without taking any measures, such as destroying the 1,431,686 won of the repair cost for the said vehicle owned by the victim, while destroying the 1,431,686 won of the repair cost for the said vehicle.

2. 도로교통법위반(음주운전) 피고인은 2013. 9. 11. 19:40경부터 19:50경까지 사이에 김포시 대곶면 율생리에 있는 상호불상 쭈꾸미집에서 김포시 양촌읍 양곡우회도로 사거리앞 도로에 이르기까지 약 2km 구간을 혈중알콜농도 0.172%(위드마크 공식 적용)의 술에 취한 상태로 B 라세티 승용차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the traffic accident report, the employment report, the employment report of the employment-employed driver, and the employment report of the employment-employed driver;

1. Article applicable to criminal facts;

(a) Desertion after occupational injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

B. After causing occupational damage: Article 148 of the Road Traffic Act and Article 148.

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