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(영문) 인천지방법원 2014.04.30 2014고단880

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, 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 car in a SP area.

On November 19, 2013, the Defendant driven the said car under the influence of alcohol concentration of 0.185% on blood alcohol level on November 21, 2013, and moved the road front of the oil station in front of the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, into the right-hand side of the knife.

In this case, the defendant engaged in the vehicle driving business has a duty of care to properly operate the steering gear and safely make a right-hand.

Nevertheless, the Defendant neglected to operate the steering wheel while under the influence of alcohol, and operated the steering wheel to turn to the left at the opposite side of the knife in order to turn to the left from the knife of the knife at the knife of the knife at the front of the knife car.

The Defendant, by such occupational negligence, sustained the injury of the victim F, who is a partner of the victim D and the above knife knife, caused about two weeks of injury to the victim F, and at the same time, escaped without immediately stopping the above knife so that the amount equivalent to KRW 3,505,656 can be damaged to repair the said knife knife, and without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A written report from an employee of an employer;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

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

1. Selection of each sentence of imprisonment;

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