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(영문) 수원지방법원 안산지원 2014.06.19 2013고정1428
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

1. Around 23:20 on April 25, 2013, the Defendant: (a) driven a CK5 vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.083% at a section of about 30km from the front of a restaurant in the trade name in Seocho-gu Seoul Seocho-gu, Seocho-gu to the front of the funeral hall in Ansan-si; (b) around 30km from the front of a restaurant in Seocho-gu, Seocho-gu, Seoul to the front of the funeral hall.

2. On April 25, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as described in paragraph (1), driven the said car while under the influence of alcohol, and proceeded along the four-lane road in the way of Incheon in the direction of the water source in the direction of the water source.

In this case, there was a duty of care to make a person engaged in driving of a motor vehicle well look at the front side and left side, and to accurately operate the steering and brakes.

Nevertheless, due to the negligence of driving a three-lane vehicle due to negligence while under the influence of alcohol, the above SP car shocked the side of the E SP car driven by the victim D, and changed the street number installed in the centralized Separation Zone.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as salvinal salt, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statements made by witnesses G in the second trial records;

1. Application of the Acts and subordinate statutes concerning de facto condition investigation reports, traffic accident reports, site photographs, black stuffs photographs, video images, reports on detection of a host driver, diagnosis certificates, estimates, and black cinematographics and video records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. The Criminal Act among concurrent crimes.

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