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(영문) 서울북부지방법원 2015.05.12 2015고단223
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a wing-3 cargo vehicle B.

On December 27, 2014, at around 08:35, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol of 0.162% with a blood alcohol concentration of 0.162%, and proceeded with a two-lane road in front of Dart in Dongdaemun-gu Seoul Metropolitan Government at the seat of a foreign language university at a session distance of about 50-60 kilometers each hour from the boundary of the foreign language university.

The Defendant had a duty of care to change the course into one-lane of the road at the time. In such a case, the Defendant had a duty of care to operate direction direction, etc. to give notice of change of course to a person engaged in driving service, and to ensure that it does not interfere with the normal passage of all vehicles by properly considering the traffic conditions before, after, after, and after, the road.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course due to the negligence of changing the course of the vehicle, and received the back part of the victim E (the 49 years old, the 520 vehicle driving) driving ahead of the same lane as the back part on the left-hand corner of the above cargo vehicle.

As a result, the above victims' G (14 years old and female) who were present in a car in the above SM520 for about two weeks of medical treatment, suffered from each victim's G (14 years old and female) about two weeks of medical treatment, and at the same time, the above SM520 car was damaged to repair cost 971,164 won and stopped immediately, without taking relief measures against the victims and removal of risks and obstacles on the road to ensure smooth traffic conditions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. E statements;

1. A traffic accident report;

1. A report on investigation (a statement by telephone of the shoter H);

1. A written report from an employee of an employer;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.

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