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(영문) 인천지방법원 2015.05.21 2015고단1155

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B k7 car.

On January 27, 2015, at around 05:30, the Defendant driven the said car while under the influence of alcohol of 0.105%, and continued the front of the 'CJ Japan Agenda 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

At that time, since the road is at night and is bended by a bend line installed by a central line, a person engaged in driving a motor vehicle has a duty of care to reduce speed in advance and to safely safely proceed with the vehicle line.

Nevertheless, the injured party C (the aged 48) who was driving on the opposite side of the passenger vehicle in the opposite side by neglecting it and neglecting it and driving it at the center line as it is, it was received a part before the right side of the cargo vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as cutting the bones of the bones No. 5, which requires treatment for about five weeks, and, at the same time, escaped without immediately stopping the said cargo while causing damage to KRW 6,953,857, and without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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

1. Selection of each sentence of imprisonment;