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(영문) 인천지방법원 2014.11.27 2014고단7183

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with a low bid.

On August 10, 2014, at around 16:50, the Defendant driven the three lanes of the third line road in front of the Seo-gu Incheon, Seo-gu, Incheon, with a blood alcohol concentration of 0.220%, and driven the above-mentioned low-speed car with a speed of about 70km in the direction of the city in the direction of the Republic of Korea from the direction of the white-party.

At the time, there was a luxed section of the lux line with the central line of yellow solid lines, so there was a duty of care to ensure that a person engaged in driving a motor vehicle is obliged to thoroughly operate the motor vehicle in the front and in the maintenance of the tea line.

Nevertheless, the Defendant was driven by the victim G(the 43 years of age) who was driving in the opposite lane while driving the said low-speed vehicle in excess of the central line by negligence without reducing speed while under the influence of alcohol, and was driven by the victim G(the 43 years of age) with the above low-speed XG car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim G, such as brain-dead sugar and sculp salt, which requires a medical treatment for about three weeks, and caused the victim I (the 40-year-old passenger) who is a passenger of the said TRadon car to suffer injury to the victim I (the 40-year-old passenger car), such as the escape certificate of a conical board, which requires a medical treatment for about four weeks, and at the same time, escaped without immediately stopping the said TRadon car in order to cause damage to the amount equivalent to KRW 3,818,957.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A survey report on the occurrence of a traffic accident, on-site map, photographs of the scene of the accident, and on-site photographs;

1. Request for appraisal of blood alcohol concentration, response to requests for appraisal, and report on detection of a drinking driver, such as the control log on drinking operation;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act as to the crime by occupational negligence and the escape after escape.