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(영문) 수원지방법원 여주지원 2018.12.21 2018고단1109
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around 04:30 on September 1, 2018, the Defendant driven a B-L car under the influence of alcohol level of 0.144% in blood, and made it turn to the left at the direction of a hotel in the direction of a fluoral distance.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by making a person engaged in driving service well look at the right and the right and the right and the right and the right of the driver and operating the steering wheel and the system accurately and safely in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the part of the victim C(32) driver's driving in accordance with the new direction in the direction of the sub-face distance from the high speed terminal shooting distance, which was driven by the victim C(32) driver's driving in the direction of the sub-section.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment due to occupational negligence as above, and escaped without taking necessary measures, such as aiding and abetting the victim to the extent that the front gate of the said rocketing car was damaged to the extent of KRW 764,630, and aiding and abetting the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Statement made to C;

1. Written estimate of insurance repair costs;

1. A traffic accident agreement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (do referred to as the "pact") and Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 54-2(2)2 and 44(1) of the Road Traffic Act concerning the crime;

1. Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) under Articles 40 and 50 of the Commercial Concurrent Crimes Act (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) are more severe punishment.

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