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(영문) 인천지방법원 2012.11.26 2012고단10667

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The accused is a person engaging in driving service of B knife cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

On September 23, 2012, at around 21:45, the Defendant driven the above marcing vehicle with a alcohol concentration of 0.182% in alcohol, and continued to drive the above marcing vehicle at a speed of 119-1 lanes in front of the 119-1 Skelelel-ro, Nam-gu, Incheon, Nam-gu culture with a view to viewing the two-lanes from the long-distance flood protection area, at which the speed cannot be known.

On the other hand, the victim C(55 years of age) was under suspension of signalling by driving a rocketing taxi at the same lane as the bed bank, and thus, the driver of the motor vehicle had a duty of care to properly manipulate the brake system and prevent the accident in advance by properly manipulating the brake system.

Nevertheless, the Defendant failed to operate the brakes properly while under the influence of alcohol and caused the Defendant to go to the right door of the above vans by the victim E (the age of 45) who was moving to the same room along the four-lanes of the culture and arts center and was moving to the right door of the above vans by failing to operate the brakes properly.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as catum salt in need of approximately two weeks of treatment on the part of the victim G (the 32-year old age), suffered from the victim H (the 5-year old age), catum salt in need of approximately two weeks of treatment on the part of the victim E (the 5-year-old driver), and at the same time, suffered from 462,000 won of repair cost, such as exchange of back cats of the above cab, and 1,38,516 won of repair cost, such as exchange of catum in front of the above cab, to the extent that the 32-year-old passenger would be damaged and immediately stopped.