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(영문) 인천지방법원 부천지원 2013.07.12 2013고단685

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving service for a vehicle B with low bid.

On March 12, 2013, the Defendant driven the said car under the influence of alcohol of 0.075% with a blood alcohol concentration around 23:10 on March 12, 2013, and directly advanced the intersection in front of the Japanese milk station located in the Gpopo-si, Kimpo-si.

However, since there is an intersection where signal apparatus has been installed, there was a duty of care to prevent accidents in advance by complying with the signal and driving safely by safely checking the front left.

Nevertheless, the Defendant neglected this and proceeded as it is in violation of the signal and received the front part of the said low-speed car with the front part of the right side of the said high-speed car, which is driven by the victim C(25 years old) who is going to the left to the left in accordance with the new code from the Jeju Jeju Jeju Jeju Jeju High Zone to the front side.

As such, the Defendant, by negligence on duty, suffered from the victim’s salt panion, etc. requiring treatment for about two weeks, and at the same time, escaped without immediately stopping a vehicle with the above highest typator so as to be accompanied by KRW 1,979,138, such as the exchange of the front-hander, etc., and without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports on traffic accidents, and photographs related to accidents;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

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, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and choice of imprisonment for each sentence;

1. Commercial concurrence;