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(영문) 대전지방법원 서산지원 2018.04.13 2017고정292
특정범죄가중처벌등에관한법률위반(도주치상)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

1. On June 25, 2017, the Defendant was parked in the state of alcohol leveling 0.11% of alcohol level in front of a singing on the day in which he/she is under the influence of alcohol leveling around 18:40 on June 25, 2017.

E Driving a cargo vehicle at a speed of 10km per hour.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of the foregoing), the Defendant is a person engaging in driving service of the E salary class.

The Defendant has driven a vehicle while under influence, such as the date and time stated in paragraph 1(a), and at the place described in paragraph 1(a).

In such cases, as a driver of a vehicle, there was a duty of care to establish a rear assistant, to live well in the future, and to drive safely.

Nevertheless, the Defendant neglected this and entered the entrance of the instant singing room, which was driven under the influence of alcohol as described in paragraph 1(a), and went away from the site and escaped as it is, by leaving the scene, the part of the victim F (Y, 73 years old) driving, which was stopped on the left side of the said wing and the right corner of the said wing and Driving Vehicle II, and received as the front part of the said wing and Driving Vehicle II, the Defendant sustained an injury, such as chills, tensions, etc. in need of approximately three weeks of medical treatment, and the Defendant did not take necessary measures as the driver of the accident, such as immediately stopping and providing relief to the damaged person.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, an accident scene photograph, a statement report on the situation of the driver at the main place of accident, a ledger using a drinking measuring instrument, an investigation report (applicable with the aforementioned dmark formula),

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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, concerning criminal facts, the pertinent provision of the relevant Act and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, etc.

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