logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.02.13 2013고정2218
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is a person engaged in driving a gallon car.

1. On May 3, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 04:40 on May 3, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.115%, and proceeded one lane out of the two-lane two-lanes on the north-west Road in the 690-dong, Doyang-si, Namyang-si, Namyang-si.

At the time, there are nights, and there are two-lanes in the same room, so the defendant engaged in driving service has a duty of care to check the safety of the course and drive the vehicle in good manner.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit two lanes next to the Defendant, and was in the front side of the victim D's gallon E driving that was proceeding in two lanes at the time, and received the front side of the driver's vehicle as the front side of the driver's vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim F, who is the victim and the passenger of the damaged vehicle, such as salt ties, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant, at the time and place specified in the preceding paragraph, driven a car with a gallon in a state of under the influence of alcohol concentration of 0.115%.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Legal statement of witness D;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A report on traffic accidents and a report on actual condition;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs and photographs of accident-related vehicles;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

arrow