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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단3440
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") by the Defendant is a person engaging in driving a motor vehicle B.

On September 18, 2016, the Defendant driven the said car under the influence of alcohol level of 0.151% from blood alcohol level around 21:40 on September 18, 2016, and continued to drive approximately 90km in the direction of Si/Eup/Myeon in the direction of Si/Eup/Myeon in the direction of Si/Eup/Myeon in the case of Pakistan.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the Defendant neglected this and led to a shock of the left side of the 3 freezing 3 Freeboard of the Defendant driving of the passenger car, which was driven by the negligence of driving the center line by neglecting it, with the part remaining behind the left side of the car driven by the Defendant.

Ultimately, even if the Defendant suffered from an injury, such as saved saves, etc. in need of treatment for the victim by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party.

2. On September 18, 2016, the Defendant was driving a tear motor vehicle described in paragraph (1) while under the influence of alcohol concentration of approximately 0.151% at the section of about 1.5 km from the front of the GS25 city convenience store in the gS25 city of Pakistan-si, Pakistan-si, Pakistan-si, Pakistan-si, to the front of the GS25 city convenience store in the wave-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2(2)2 and 44 of the Road Traffic Act.

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