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(영문) 수원지방법원 안산지원 2012.12.28 2012고단2311
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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 Patom car.

On October 7, 2012, the Defendant driven the said car with a alcohol content of 0.135% around 19:10, while under the influence of alcohol on October 7, 2012, and led the Defendant to drive the said car at a speed of about 60km from the right side to the right side of the grassland playground, which is located in the 595 Hasan-dong, Seosan-si Seoul Metropolitan Government.

At all times, the traffic signal, etc. is installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the above road by driving the victim C ( South and 48 years old) driving a bicycle on the right side of the crosswalk from the left side of the right side of the Defendant’s sailing direction, and let the victim go beyond the above road.

As a result, the Defendant suffered injury to the victim, including cage cages at least six weeks of medical treatment due to the above occupational negligence, and at the same time, destroyed the above bicycle to have approximately KRW 1,114,00 of repair cost, and escaped without immediately stopping the bicycle and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. A report on detection of a host driver;

1. A medical certificate;

1. A bicycle estimate;

1. Application of Acts and subordinate statutes to photographs related to accidents;

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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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