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(영문) 인천지방법원 부천지원 2018.05.03 2018고단582
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a Kaman car.

On February 9, 2018, the Defendant, while under the influence of alcohol 0.149% during blood transfusions, driven the said car and proceeded with the road that is four-lane in front of the F-do in Busan Metropolitan City by driving the said car at the speed of 0.149% on February 23:15, 2018 at the speed of about 60km in the speed of the city at the seat of Kimpo Airport, the Defendant changed the lane to two-lanes while driving the said car at the speed of about 60km in the speed of the city.

In this case, the defendant engaged in driving service had a duty of care to prevent the accident in advance by changing the vehicle line safely by operating the direction, etc. in advance, giving prior notice of change of course, and taking the right before, after and after the change.

Nevertheless, the Defendant neglected this and got the front part of the victim G(56) driving that was going in the two-lanes due to the negligence of changing the vehicle line, into the left part of the said car, and due to the shock, got the front part of the victim I driving JA4 car, which was in the signal waiting at the same lane, into the left side of the said taxi.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol as above, caused injury to the victim G, such as salt, tensions, etc. of the bones of neck, which requires a two-day medical treatment by negligence in the course of the above duties, and suffered injury to the victim K (18 Does) aboard the said A4 motor vehicle, such as salt, tensions, etc. in a climatic clif, which requires a two-day medical treatment. At the same time, the Defendant did not take necessary measures, such as aiding and abetting the said taxi to repair cost of KRW 9,208,740, such as exchanging the front clif, etc. and KRW 14,068,208, respectively, for repair cost of the said taxi to exchange the rear clif, and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, I, and K;

1. A report on the occurrence of a traffic accident, an accident scene photograph, and a report on the actual condition of a traffic accident;

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