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(영문) 인천지방법원 2017.12.13 2017고단7688

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

However, the execution of the above punishment shall be suspended for a period of one year 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 of a C interview loan.

On August 26, 2017, the Defendant driven the foregoing vehicle while under the influence of alcohol content of 0.173% from blood transfusion around 22:00, and led to the direction of the forest park in front of the forest park as the head of Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

At the time, there is a private-distance intersection that is at night and is not controlled by traffic signal apparatus in the front and the driver of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the front and left and right of the previous motor vehicle and accurately manipulating the brake system.

Nevertheless, the Defendant, who is unable to drive normally under the influence of alcohol due to negligence while neglecting it, caused the Defendant to shock the back part of the top part of the E rocketing taxi operated by the victim D (50) by negligence, with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D, which requires approximately three weeks of medical treatment due to such occupational negligence, and at the same time, escaped without any necessary measure by immediately stopping the said taxi owned by the victim-based limited partnership company, even though it damages the 1,437,400 won, such as back panion exchange.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to the survey report on actual condition, photographs, estimates, the circumstantial statement of the driver at the main place, and medical certificate;

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: The point of view that measures are not taken after an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: The point of view of driving under the influence of alcohol under Articles 148 and 54 (1) of the Road Traffic Act: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.