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(영문) 인천지방법원 2014.07.03 2014고단3183
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-Wood vehicle.

On March 16, 2014, at around 10:10, the Defendant driven the said car while under the influence of alcohol of 0.079%, and led the Defendant to proceed bypassing the intersection of 162 mphere-ro, Bupyeong-gu, Incheon Metropolitan City to the Incheon Dae Park from the 3 military branch office.

At that time, the victim C(n, the age of 81) had a duty of care to reduce speed and to make a right-hand turn to the right-hand side of the road on the side of the Incheon Tae Park Park, because he was walking along at the right-hand side of the road. Therefore, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to make a right-hand and safely bypass.

Nevertheless, under the influence of alcohol, the Defendant did not see the victim who was walking along the right side of the road while neglecting this, and received the victim's baby from the front part of the right part of the defendant, and had the victim go beyond the ground, with her ambane, due to the shock.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim, such as “a sacriff in the first place,” which requires approximately four weeks of medical treatment, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Statement on the occurrence of D traffic accidents;

1. Photographs photographs, such as a traffic accident inspection report, a scene of accident, etc., report on internal investigation (where such report is filed, etc.), and report on investigation (the other party of the victim and the inquiry into the circumstances of the accident);

1. A report on detection of the driver from the driver, a report on the circumstantial statement of the driver from the driver, and a report on internal investigation (applicable with the blood alcohol concentration mark at the time of occurrence of a traffic accident by the suspect);

1. Application of Acts and subordinate statutes to a medical opinion in charge, and medical certificate;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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