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(영문) 수원지방법원 평택지원 2017.01.12 2016고단1789
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of B, Grandroth.

On April 16, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.127% during blood transfusions on April 16, 2016, and driven the two-lane road in front of Ansan Ctel in the direction of the safe-distance police station along two-lanes in the speed of about 50km.

At the time, there was night and there was a blind-distance intersection at the front side, so there was a duty of care to prevent accidents in advance by reducing the speed to those engaged in driving service, driving on the front side, and driving safely.

Nevertheless, the Defendant neglected to do so and went to the later of the Central University on the right side of the victim D(55) drive, which was going to the latter by negligence, and received the part on the right side of the Defendant’s front passenger car.

Ultimately, the Defendant, at the same time, by occupational negligence as above, sustained injury to the victim F (F, 48 years of age) who was on board the said D and the said low-class passenger car, including salt of the bones of wood, which requires two-day medical treatment, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the injured party, even though the Defendant damages 520,190 won of the repair cost due to a replacement of wheels.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of a survey report on actual conditions and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to vehicle photographs, estimates, and written diagnosis of an accident;

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, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 148-2 and 44(1) (a) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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