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(영문) 인천지방법원 2018.09.19 2018고단4566

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 10, 2018, the Defendant was under the influence of alcohol content of 0.164% during blood transfusion on April 22:15, 2018, the Defendant driven a national highway emergency runway from the back of the station in the time of emulation to the road above the 6km of the emulculation of the emulci city, Suwon-si, Suwon-si.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after an accident).

On April 10, 2018, the Defendant driven the above vehicle around 22:15, and changed the line to three lanes while driving the road above the 1 national highway emergency runway (hereinafter referred to as the 1st national highway intersection) from the scopic disease zone to the water source from the scopic disease zone at the time of harmony with the two-lanes at the speed of about 50km.

When changing a vehicle line, a person engaged in driving of a motor vehicle had a duty of care to operate a direction direction, etc. to give notice of a change of course, and to make a change in the traffic situation before and after the change of the vehicle line.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line into the right-hand three lanes, and thereby received the back portion of the victim D(32 tax) E that was driven in the same direction three lanes from the victim D(32) driving in the same direction, and received it as the front part of the above A-to-hand car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as salt, tensions, etc., during the two weeks, and attempted to stop immediately and abscond without taking measures such as aiding the damaged person, even though the Defendant added approximately KRW 2,223,650 to repair the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. One traffic accident report, two (on-site survey report), two (on-site survey report), the scene of the accident, and photographs of the accident vehicle;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver; and