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(영문) 인천지방법원 2018.09.05 2018고단5097
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the violation of the Road Traffic Act (after an accident).

On May 27, 2018, the Defendant driven the above car at around 07:05 and driven the highway 1, a border in Bupyeong-gu Incheon Metropolitan City, with the road of 16.1km in Seoul direction, and the road of 4 lanes at a point of 16.1km in the Bupyeong-gu Seoul direction was proceeding at a speed that is impossible to identify the three-lanes depending on the Incheon TG bank.

Since this is an expressway and its surrounding vehicle is proceeding at a rapid speed, there was a duty of care to prevent accidents in advance by changing the car line to a person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to secure the safety distance immediately after changing the vehicle from the two lanes to the three lanes, and was negligent in changing the vehicle from the three lanes to the two lanes, and the victim D (n, 46 years old) who driven the vehicle prior to the two lanes, followed by the two lanes, received the part of the victim D(n, 46 years old) behind the right part of the motor vehicle driving along the two lanes and the pent part.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day medical treatment, and at the same time, 12,838,341 won of repair costs did not take necessary measures, such as aiding the damaged party by stopping the vehicle immediately, even though the Defendant destroyed the sprink to the extent that the sprink was damaged.

2. Around 06:30 on May 27, 2018, the Defendant driven a Cystren car under the influence of alcohol leveling 0.102% of alcohol leveling from approximately 50km section to the parking lot of the Incheon Incheon National Road Corporation, located in the 1322m radius from the roads near the Yeonsu-gu Incheon National Road, Yeonsu-gu, Incheon, Incheon, Incheon, to the parking lot.

Summary of Evidence

1. The defendant's statement in court;

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