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(영문) 대구지방법원 2014.04.10 2013고단6526
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

The Defendant is a person who is engaged in driving a small-scale car B.

On September 25, 2013, at around 22:50 on September 25, 2013, the Defendant driving the said car with a 0.115 percent alcohol concentration, and driving it along two-lanes depending on the two-lane distance in front of the doluence located outside the Gyeongcheon-si, Seocheon-gu, Chungcheongnam-do, in the direction of the common intersection from the direction of viewing.

The right of way has become a right of way.

At the same time, there was a vehicle under stop in order to circumvent the two-lanes in the same direction, so in such cases, the driver of the vehicle has a duty of care to prevent the accident in advance by entering the two-lanes in advance and safely bypassing the vehicle.

Nevertheless, the Defendant neglected this and neglected to make it so that the Defendant was driven by the victim C(the age of 27) who was parked in order to circumvent from two lanes in the same direction as they were under the influence of alcohol, and was driven by the victim C(the age of 27) in front of the left-hand part of the Dsan Pain car, which was driven by the Defendant’s vehicle.

As a result, the Defendant, at the same time under the influence of drinking, sustained from the victim E (n, 16 years of age) who was accompanied by the said victim C and the said saccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccinaccaccaccaccaccaccaccaccaccaccaccaccaccaccacca

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act for the crime concerned and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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