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(영문) 인천지방법원 부천지원 2013.04.11 2013고단299

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 K5-car.

At around 00:50 on January 28, 2013, the Defendant driven the said car with a 0.187% alcohol concentration 0.187%, and led to a two-lane road in the from the Montreal Tririri Tririririri-gu in the parallel 355-7 ahead of the Sucheon-si, Seocheon-si, Seocheon-si, the Defendant followed the two-lane from the Hriririririririririririri-distance to the speed of 5km each hour.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking the traffic situation in the future.

Nevertheless, the Defendant was driven by the victim C(55 years of age) who was under the influence of alcohol and was stopped behind, and was driven by the victim C(55 years of age).

The Defendant, due to the above occupational negligence, suffered from the victim’s salt, tensions, etc. in need of treatment for about three weeks, and at the same time, destroyed the said taxi owned by the victim to take approximately KRW 814,756 of repair costs, such as a flurgers, and escaped without immediately stopping the said taxi to take necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, a report on the detection of a driver of the driving of the driving of the driving of the driver, a circumstantial report on the driver of the driving of the driver, a report on actual status

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of imprisonment for each sentence;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;