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(영문) 인천지방법원 2019.11.22 2019고단4261

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On February 5, 2008, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act on November 4, 2014.

【Criminal Facts】

1. At around 1:02 on June 2, 2019, the Defendant: (a) driven a Dpoter freight vehicle in front of the C cafeteria located in Namdong-gu Incheon Metropolitan City, Nam-gu, along the four-lanes of the 5-lanes from the c cafeteria to the 4-lanes of the 5-lanes; (b) was under the influence of alcohol concentration of blood alcohol level at 0.126% due to occupational negligence when the Defendant neglected the duty of the e (n, 61-year-old) driving of the e (n, 61-year-old) driving of the e (n, 61-year-old) drive a f 3-lane vehicle in front of the c cafeteria.

Ultimately, the Defendant caused the victim to suffer injury to the cage cage cage at approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, did not take necessary measures, such as destroying the victim’s vehicle to be damaged by the repair cost of KRW 571,0741, but escaped from the site as it is, without taking necessary measures, such as aiding the victim.

2. On the same date and time as described in paragraph (1) of the Road Traffic Act, the Defendant driving the said D Poter in the state of alcohol with a blood alcohol concentration of about 0.126% from the 5km section from the roads near the Bupyeong-gu Incheon Bupyeong-gu Family Park to the point of accident as described in paragraph (1) of the same Article.

As a result, the defendant had already been punished for drunk driving more than twice, but he again driven under influence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Written estimate;

1. A report on internal investigation, particulars of receipt, and photograph of each accident vehicle;

1. Blue boxes and video CDs;

1. Criminal records as indicated in the judgment: Criminal records;