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(영문) 대전지방법원 공주지원 2016.10.14 2016고단226
특정범죄가중처벌등에관한법률위반(도주차량)
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

On February 7, 2016, the Defendant driven a C SP-type car on a business basis around 01:00 and proceeded with a point from 46.6 km to 47.4 km on an expressway between the Sin-gu Sin-ri Sin-Spon at the time of official week.

In such cases, the driver of the vehicle has the duty of care to pass the right side from the center of the road.

Nevertheless, while under the influence of alcohol by neglecting this, the Defendant driven along the direction of the expressway in Daejeon, and continued to drive the expressway in the direction of the expressway at the seat of Daejeon. At the point of 47.4km, the Defendant: (a) had the victim D (the 42-lane) who driven one-lane of the two-lanes of the above expressway; (b) had the victim driven the vehicle of the Defendant; and (c) had the victim F (the 48-year-old) drive the Gschton car; and (d) had the victim H(53-year-old) drive the vehicle at the point of 46.6km, the Defendant got the victim H(the 53-year-old driver) drive the vehicle of the Defendant and got the right-hand guard on the road.

Although the Defendant, as stated in the attached list of crimes committed by negligence in the course of performing such duties, suffered from an injury requiring medical treatment for a total of five weeks, the Defendant immediately stopped and escaped without taking necessary measures, such as providing assistance to casualties, as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or H by the police;

1. The actual survey report and each investigation report;

1. A written diagnosis, estimate, or right to pass on an expressway;

1. Application of the Acts and subordinate statutes governing accident photographs, expressway transit photographs, and drinking cafeteria photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is being driven on an expressway by the defendant under the influence of alcohol.

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