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(영문) 인천지방법원 2018.02.07 2017고단9556

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 21, 2017, the Defendant: (a) driven B-low-income vehicle under the influence of alcohol content of about 4.6km from around 00 0:00 to around 00 0.40 on the roads of Seongbuk-gu, Incheon Metropolitan City, Seodong-gu, 604 Do-ro, to the roads of the same day, from around 00:40 on the same day to the roads of U restaurant located in Nam-gu, Incheon.

2. On August 21, 2017, the Defendant violated the Road Traffic Act: (a) around 00:20 on the road in front of Incheon Nam-gu, Incheon Metropolitan City V, the Defendant: (b) avoided the parts behind the passenger car owned by the Defendant, which was parked in the lower area; (c) destroyed the said car to the extent of KRW 3,378,360 of the repair cost, such as the pentum plate, etc.; (d) destroyed the said car to the extent of KRW 3,378,360; and (e) escaped without taking necessary measures, such as destroying the said car and immediately stopping the said car to the extent of KRW 946,568, the repair cost, such as the exchange of cubers, etc., even if the Defendant destroyed the said car to the extent of KRW 946,568, supra.

3. Around 00:40 on August 21, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) led the Defendant to drive a Bchier car with alcohol content of 0.134% during blood while under the influence of alcohol, and transfer it to the intersection in front of the U restaurant located in Nam-gu Incheon Metropolitan City.

A person engaged in driving service has a duty of care to check the right and the right and the right before the right and the right and the right are safe, and then make a right-hand.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and neglected it, and caused the victim AA (50 S) to drive the AB rocketing car, which is driven by the victim AA (50 S) by negligence, and led to the right-hand part of the AB rocketing car.

Ultimately, the Defendant’s negligence in the above occupational negligence caused the above victim AA, the victim AC (S, 47 years old) and AD (S, 8 years old).