beta
(영문) 인천지방법원 2015.08.27 2015고단3988

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) are the defendants engaged in driving motor vehicles B;

On April 23, 2015, at around 17:31, the Defendant proceeded at approximately 60-70 km in the speed of two lanes, following the two-lanes of the flow distance from the remote island distance. The Defendant, at around 63, was driving at the speed of about 60-70 km from the south-gu Incheon Metropolitan City.

At the same time, vehicles are proceeding on the front side, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to reduce the speed and properly operate the steering direction and brake system and prevent the accident in advance by driving it accurately and safely.

Nevertheless, the Defendant neglected to do so and proceeded with the same lane as the Madern, which was driven by the victim C (Woo, L, 47 years old) who was driving by the victim C(W) due to the negligence of the Defendant, and received the madern from the Defendant’s vehicle to the front madle of the Defendant’s car.

The Defendant, by its occupational negligence, sustained injury to salt, tension, etc. by the climatic negligence during approximately two weeks of medical treatment, and at the same time, destroyed the said climatic car to be in excess of KRW 982,108 of the repair cost, and escaped without immediately stopping the vehicle and taking measures, such as providing relief to the victim.

2. On April 23, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to measure a drinking level) within the emergency room of the Jung-gu Incheon Jung-gu Incheon Metropolitan City Hospital at KRW 27, and the Defendant confirmed the traffic accident process under the preceding paragraph by the slope F affiliated with the Incheon Southern Police Station, which was dispatched upon receipt of a report, and confirmed the traffic accident process under the preceding paragraph, the Defendant was found to have a considerable reason to suspect that he was under the influence of alcohol, such as smelling at the Defendant’s entrance and drinking at an inaccurate distance, and being red on the inside the inside of the direction at the time of walking, and was required to measure a drinking level from the above slope F, but only one hour.