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(영문) 대구지방법원 서부지원 2014.09.16 2014고단1038
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are those who are engaged in driving a B high-speed car;

On May 25, 2014, the Defendant driven the said car while under the influence of alcohol on 05:10, and led to the flow of two-lane roads from the permanent residence of polyTtex 6 University Permanent Campus, which are located in Heung-ro 2 at the time of permanent residence of the Gyeongbuk-do, at a US speed, from the permanent residence to Ycheon-do.

The Defendant was driven by the victim C (the age of 57) who was in the front line of the same lane due to negligence that did not properly check the front line of alcohol, and was driven by the Defendant as the front part of the car driven by the Defendant.

As a result, the Defendant suffered from an injury to the injured party by negligence in the above business, and at the same time, destroyed the injured party’s car to the extent of 200,000 won for repairing expenses, and escaped without taking measures such as aiding the injured party.

2. Around 04:40 on May 25, 2014, the Defendant driven a B-hand car while under the influence of alcohol of about 5km from the south side distance in the Sincheon-dong where he is permanently residing in the Sincheon-do, and around 05:10, the Defendant driven a car at approximately 0.241% of blood alcohol concentration in the direction of about 5km to the roads in front of the permanent campus of polyTex-6 university located in Singu-ro 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Application of diagnostic certificates and receipt statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 1 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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