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(영문) 대구지방법원 경주지원 2017.07.05 2017고단189
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 11, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (and the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (and the measures subsequent to an accident) driving of a motor vehicle in the B Sppon on February 23, 2017, while driving the motor vehicle in front of the D cafeteria located in the PPonsi at the PP on a two-lane, the Defendant: (a) driving the motor vehicle in front of the D cafeteria at the PP on February 11, 2017; (b) driving the motor vehicle in front of the D cafeteria at the PP on the Korean five-lane distance; (c) while driving the motor vehicle in front of the D cafeteria at the PP on February 3, 2017, the Defendant incurred damage to the victim E in front of the motor vehicle by neglecting his/her alcohol content at 0.121%; (d) having the victim’s vehicle in front of the motor vehicle without causing damage to the victim 98.

2. The Defendant, at the time and place specified in paragraph 1, driven a B SP vehicle with alcohol content of 0.121% under the influence of alcohol in blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of a driver in charge, a report on the actual condition of a driver in charge, a notification of the results of crackdown on the driving of alcohol, a written inquiry about the results of crackdown on the driving of alcohol, a written estimate, a medical certificate, and a

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 54(2)2, and 44(1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 of the same Act, Article 268 of the Criminal Act, Articles 148-2(2) and 14(1) of the Road Traffic Act (a)

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. The Criminal Act for mitigation of quantity;

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