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(영문) 대구지방법원 상주지원 2013.11.19 2013고정72
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

On January 18, 2013, the Defendant, while under the influence of alcohol at 0.092% of alcohol level, was driven by the Defendant at around the front of the transmission unit located in the opening of the Gancheon-gun, Gancheon-gun, Gyeongcheon-gun, and was driven by the door-to-face border from the Yancheon-gun, the Defendant, who is engaged in driving, was negligent in performing the duty of care to safely operate the signal, and was negligent in performing the duty of care to safely operate the signal, and subsequently proceeded with the stop signal at the front end of the Yancheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the back part of the Estya car driven by the victim D(44 years old) who was under the stop under the new subparagraph at the front end of the knife.

The Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, at the same time, calculated only repair tolerance (61 pages of investigation records), excluding parts necessary for repair costs of KRW 295,313, and prosecuted the automobiles owned by the D at repair cost, and did not err in regard to the part exceeding the scope of prosecution. However, the Defendant did not determine on the charge of the crime of the part exceeding the scope of prosecution.

Even if they are damaged, they immediately stopped and escaped without taking necessary measures such as aiding victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on detection of a host driver and a circumstantial statement;

1. A medical certificate;

1. A statement;

1. In addition, the credibility of the statement of the victim of each traffic accident on-site inspection shall be sufficient, and measures under Article 50 (1) of the Road Traffic Act shall be taken such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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