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(영문) 인천지방법원 2013.12.13 2013고정3787
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

On May 19, 2013, the Defendant driven a motor vehicle of 0.200% of blood alcohol concentration at around 17:58, while under the influence of alcohol, and driven a motor vehicle of 0.20% of blood alcohol concentration at the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, and driven a two-lane in front of the king-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Sick University, along the one-lane from Seo-gu, Seo-gu, Seo-gu, Seo-gu,

In this case, there was a duty of care to operate direction direction, etc. to those engaged in driving vehicles, give notice of change of course, and to change the car line in the future and the future by properly examining the traffic situation of the vehicle.

Nevertheless, under the influence of alcohol, the part of the driver's seat in front of the driver's seat of the vehicle being driven by the victim C(33 years of age) who had been driving in the same two-lanes while neglecting this in the first way and changing the course from the second one to the second one, was shocked by the second half of the driver's seat of the vehicle being driven.

As a result, the Defendant suffered from the injury to the victim C and the victim E (the 36-year old), who is the passenger of the above damaged vehicle, for about two weeks of medical treatment, such as clocks and tensions, due to such occupational negligence, and at the same time, escaped without taking necessary measures, such as destroying the above damaged vehicle to take 752,376 won of repairing expenses, and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A survey report on the actual condition, photographs of the skin, photographs of the damaged vehicle, and screen pictures of the damaged vehicles;

1. Report on detection of, and circumstantial statement of, a host driver;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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