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(영문) 인천지방법원 2014.02.21 2013고정3419

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.A.) are those engaged in driving D-V automobiles.

On February 16, 2013, the Defendant was under the influence of alcohol of 0.051% of blood alcohol concentration around 07:50 on February 16, 2013, and was under the influence of alcohol of 0.051%, and was under the influence of driving the said vehicle, the Defendant was under the influence of driving the said vehicle, and was under the influence of the Incheon Bupyeong-gu, Seosan-dong

A person engaged in driving of a motor vehicle has a duty of care to inform the direction of change of course to his/her hand or directioner in advance when changing course of the motor vehicle, and to change his/her course safely.

Nevertheless, the Defendant was negligent in changing the course from the three lanes to the four-lanes of the victim E(22 years old) driving in the same direction at the same four-lanes of the four-lane, and received the part of the F Mtz left-hand side of the driver's vehicle, and received the back wheel chairs from the right side of the vehicle.

After all, the Defendant, by the above occupational negligence, sustained injury to the Defendant’s satisf, etc. during the two weeks preceding the foregoing, and at the same time escaped without necessary measures, such as stopping, and aiding the Defendant, even after destroying the satfe car to the extent that the repair cost would be equivalent to KRW 805,796.

2. Around 07:50 on February 16, 2013, the Defendant driven a D-R-V car in a state of alcohol alcohol content of about 0.051% at approximately two kilometers from the section of approximately 2 kilometers up to a 346-way road in Bupyeong-gu, Bupyeong-gu, Incheon, Seocheon-gu, Incheon, Busan, to a 1836-dong-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Results of this Court’s verification of CDs

1. The scene of the accident, road conditions, the state of the damage, the damage of a damaged vehicle, the state of the damage of a harming vehicle, drinking, taking measurements, photographing photographs, and the measurement photographs of the body;

1. A report on internal investigation (a medical certificate, a quotation attached), a report on internal investigation (a victim vehicle booms investigation);