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(영문) 대전지방법원 천안지원 2014.06.26 2014고단327
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On January 23, 2014, around 00:35, at the same time, B rocketing car was under the influence of alcohol with approximately 0.169% alcohol level from the 10km section of the 10km to the front road in the same Gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu through the road in front of the “Naju-dong,” located in the same Gu.

2. At around 00:50 on the same day, the road in front of the “Yanju-dong,” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-do, was driven at an insular speed by three-lanes depending on three-lanes among the two-lanes. In this case, the C Freight owner in the same three-lanes was parked in order to transport garbage. Thus, the driver of the vehicle was negligent in failing to perform the duty of care to prevent the accident due to due care, while he was under the influence of alcohol while driving the said truck, while he was under the influence of alcohol, while taking the back part of the said truck as front part of the Defendant’s vehicle and carrying the said cargo loaded at the front part of the Defendant’s vehicle, and at the same time, he did not immediately repair the said cargo to the victim D (the age of 40) with the need for treatment of light tensions and tensions for about three weeks, and did not immediately repair the said cargo.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes to a survey report on actual condition, vehicles and photographs of damaged vehicles, reports on detection of drinking drivers, on-site investigation report on accidents resulting from hazardous driving death or injury, register of drunk measuring instruments, medical certificate, and written estimate;

1. As to the punishment of a specific crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving and the choice of fines) and the aggravated punishment of a specific crime.

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