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(영문) 서울남부지방법원 2013.10.17 2013고정2661
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has driven under the influence of alcohol in the state of under the influence of alcohol in blood alcohol concentration 0.079% (0.079%).

1. On April 12, 2013, the Defendant driven a B knife vehicle between approximately 6km and 6km from the shores of Geumcheon-gu, Geumcheon-gu, Seoul to the shore 193 U.S. in the direction of alcohol concentration of 0.079% under the influence of alcohol around April 21, 2013.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, driving the said vehicle at the same time, and operating the side road of the said vehicle on the direction from the beginning of the mountain on the side of the Dogdong-dong, Geumcheon-gu, Seoul.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent an accident by driving the motor vehicle in advance by driving the motor vehicle in a safe way by living well on the front side and right side of the motor vehicle, the defendant, while under the influence of alcohol, neglected to do so, obstructed the left part of the victim C (the age of 53) who walked front of the right side of the course of the collision with the right side of the motor vehicle of the defendant, and escaped without taking any measure.

Summary of Evidence

1. A written statement of the occurrence of traffic accidents by defendants;

1. Statement to C by the police;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A certificate of drinking alcohol measurement, a report on detection of drinking drivers, and a report on the circumstantial statement of drinking drivers;

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes on automobile accident accidents;

1. Relevant Article of the Act on the Punishment of Specific Crimes, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the selection of fines for the punishment of each fine;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. A workhouse;

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