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(영문) 인천지방법원 2013.05.29 2013고단603

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a food car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On December 5, 2012, at around 21:17, the Defendant driven the said car under the influence of alcohol level of 0.129%, and proceeded with the alley 247-2 Alley-dong, Nam-gu, Incheon, Nam-gu, Nam-gu, Samsung Life Prevention Zone, with the alley breath of the Samsung Life Prevention Zone.

At the time, there was a person who passed the alley, so in such a case, a person engaged in driving service has a duty of care to safely operate the steering boat by accurately manipulating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (A, 50 years of age) who was coming up on the right side of the defendant's running side by negligence, and did not find out the victim D (A, 50 years of age) who was coming up on the defendant's driving side, and had the victim go up to the right side of the victim's passenger car, thereby facing the head of the victim's car parked on the right side.

Ultimately, even if the Defendant suffered injury, such as brain dead, etc., which requires treatment for about two weeks due to such occupational negligence, the Defendant left the place immediately and escaped without taking necessary measures, such as providing relief to the victim.

2. On the same day, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) caused a traffic accident, such as paragraph (1) of the same day, and continued to drive the said car while under influence of 0.129% of blood alcohol level, and continued to drive the said car at the level of alcohol level, and proceeded with one lane prior to the 1134-3 Dong-dong, Nam-gu, Incheon Metropolitan City, Nam-gu dong

At the time, the central line is installed and the road was scept out due to snow, so in such a case, the person engaged in driving service should reduce the speed and safely drive the vehicle.