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(영문) 부산지방법원 동부지원 2016.07.21 2016고정72
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 12, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving CK5 automobiles around 19:21, and operating from the road along the direction of the front end of the YU TU in the middle of Busan Metropolitan Transportation Daegu, the Defendant was driving from the road along the direction of the front end of the Busan Metropolitan City Road.

At the time, it was difficult to secure the view due to night and heavy rain, so in such cases, the driver of the motor vehicle has a duty of care to reduce the speed of the motor vehicle and to accurately operate the steering system, brakes and other devices, and to safely drive the motor vehicle by taking into account the traffic situation well and prevent the accident in advance.

Nevertheless, while under the influence of alcohol level 0.189% in blood, the Defendant failed to discover the victim D(70) who was frighting from the opposite side of the Defendant’s vehicle driving direction while driving the said vehicle, and did not discover the victim D(70) who was frighting in the opposite side of the Defendant’s vehicle driving direction, the Defendant got the victim into the front part of the right part of the Defendant’s vehicle. Then, the victim’s left part was the front side of the vehicle.

Defendant 1 suffered from the victim’s dysium and safinites on the left-hand side in need of treatment for about four days due to such occupational negligence.

2. On September 12, 2015, the Defendant was under the influence of alcohol level of 0.189% on blood, around September 19:21, 2015, the Defendant driven a CK5 vehicle at the floor restaurant located in the middle and middle-dong in Busan metropolitan traffic Daegu to the front of the front of the YU TU TU in the middle and middle-dong in Busan metropolitan metropolitan traffic, while driving the said vehicle to the Y5 vehicle, which was located in the Busan metropolitan traffic Daegu metropolitan area before the front of the YU. Daegu metropolitan area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report or an occurrence of a traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes concerning report on internal investigation (the calculation of the mark above for drinking);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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