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(영문) 의정부지방법원 고양지원 2014.06.11 2014고정536
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On November 26, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.114% 0.16%, and led to the driving of the said car, which is located in the Goyang-gu Soyang-gu 941, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyangyang-gu, to go ahead of the Goyang-gu.

At the time, since it is at night, there is a three-distance where a signal is installed, there was a duty of care for a person engaged in driving service to drive safely by checking well the front door.

Nevertheless, by neglecting this, the victim C(39 years of age) who was in the atmosphere of the signal at the front bank due to negligence while under the influence of alcohol, was driven by the victim C(39 years of age) on the left-hand part of the said Aststur vehicle.

The Defendant, by its occupational negligence, sustained an injury by the crypum dump, etc. to the above victim in need of approximately three weeks of medical treatment. At the same time, even though the above rocketing car was damaged to bring about an amount equivalent to KRW 2,946,148 of repair cost, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. An investigation report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, and on-site photographs of

1. The circumstantial report on the driver, and the report on detection of the driver (investigative records No. 19 pages);

1. A general medical certificate (C);

1. Application of Acts and subordinate statutes to an investigation report (a estimate to improve a motor vehicle inspection);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of an instrumental vehicle)

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