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(영문) 인천지방법원 2013.03.14 2013고단435

특정범죄가중처벌등에관한법률위반(도주차량)등

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Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On December 14, 201, the Defendant was sentenced to 8 months of imprisonment for perjury and 2 years of suspended execution at the Incheon District Court, which became final and conclusive on the 22th of the same month, and is currently under suspended execution.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving a rocketing car.

On December 21, 2012, the Defendant, while under the influence of alcohol of 0.078% of blood alcohol concentration at around 21:00, the Defendant driven the front route of the Seo-gu Incheon Seo-dong 606 Sinter, Seo-gu, Seo-gu, Incheon, and led the vehicle to the port of vision from the direction of the 5:6 Public Corporation.

In the case of bypassing, there was a duty of care to confirm the safety of course by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and neglected to take part in the left part of the EF Laun other car driven by the victim D (the aged 42) who is going to the port from the Madern Foreign Exchange Bank to the port on the left part of the said rocketing car.

As a result, the Defendant suffered injury to the victim, such as light fat, which requires approximately two weeks of treatment due to such occupational negligence, and at the same time, the Defendant escaped without immediately stopping, and without taking necessary measures, such as presenting an identification card, even though the amount equivalent to KRW 1,677,326, such as the exchange of fat cars in exchange for a panion.

2. Around 21:00 on December 21, 2012, the Defendant, while under the influence of alcohol at a 0.078% alcohol concentration, driven approximately 3 km from the front side of the Yellow Sea Fisheries in Incheon Southern-gu to the above place by driving the said rocketing car under the influence of alcohol concentration of 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the control of drinking driving and the circumstantial statement of a drinking driver;