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(영문) 인천지방법원 2014.08.28 2014고단3698

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

[2014 Highest 3698]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.A.) are those who are engaged in driving a CB car;

On October 8, 2012, the Defendant is under the influence of alcohol of 0.136% of blood alcohol concentration at around 01:15, and the Defendant proceeds at a speed of about 10km at a speed of about 10km from the 405 square meters of the Yeonsu-gu Incheon City Museum at the seat of the Incheon City Museum at the Incheon City Museum at a speed of 405km.

The right of way has become a right of way.

At this time, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents due to changing the vehicle line while properly considering the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected this, while driving a car under the influence of alcohol and changing the vehicle into the right-hand two lanes as above, and caused the victim D(35 years of age) to bypassing the two-lanes of the same direction, which is driven by the victim D(35 years of age).

After all, the Defendant, by such occupational negligence, suffered from the victim D’s catum catum in need of approximately two weeks of medical treatment, etc., and suffered from F (32 years of age) who is the passenger, about two weeks of medical treatment. At the same time, the Defendant destroyed the said BMW car to be in excess of KRW 5,00,000, and escaped without any measure.

2. On October 8, 2012, the Defendant driven a vehicle specified in paragraph (1) while under the influence of alcohol 0.136% from around 3km section from Yeonsu-gu Incheon to the G-gu G Housing, Yeonsu-gu at a place where the address below the Yeonsu-gu Incheon is unknown, Yeonsu-gu, Incheon, the Defendant used the vehicle under the influence of alcohol 0.136%.

3. The Defendant, on October 8, 2012, committed assault and assault, at around 01:30, the victim D (the age of 35) following the escape of the Defendant, causing a traffic accident as set forth in paragraph (1).