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(영문) 인천지방법원 2013.10.24 2013고단3350

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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 Grand City Car.

On May 8, 2013, at around 00:45, the Defendant driven the said car with a 0.120% alcohol concentration of 0.120%, and led to the driving of the said car at approximately 20 kilometers per hour from the area of the information industry and high school to the area of the 1st eth eth eth eth eth eth eth c.

A person engaged in driving of a motor vehicle has a duty of care to check whether there is a motor vehicle driving by reducing speed and checking the right and the right and the right of the motor vehicle and to drive the motor vehicle safely pursuant to the new subparagraph.

Nevertheless, the Defendant neglected to do so and got a motorcycle 100 motorcycle driving D C(18 years old) driving in line with normal signals from the right side of the direction of the Defendant's course.

The Defendant, by such occupational negligence, sustained injury by the victim C and the victim E (the 18-year-old driver), who is the same passenger of the above motor bicycle, such as salt, tensions, etc., in need of medical treatment for about two weeks, and, at the same time, escaped without immediately stopping the above motor bicycle while destroying the repair cost of KRW 1,720,000, and without taking any measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A survey report on actual condition, accident site, and vehicle photograph;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The point of escape after the negligence in the course of business is injured by the traffic as a result of the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of non-measures after the accident under Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act: Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.