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(영문) 인천지방법원 2017.08.09 2017고단2938
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 service of a radar 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 in violation of the Road Traffic Act (

On February 12, 2017, the Defendant driven the said car under the influence of alcohol content of 0.087% in blood, and continued to drive it at a low speed of 0.087% in Incheon Gyeyang-do 10-ro, two-lanes in front of the luminous source Radon in the Han River Hospital, following the Han River Hospital's parking lot located at the Han River Hospital's Do second Do second Do second Do second Do, by turning it back at the low speed.

At the time, it is night, and there are many two-lanes of vehicles parked along the two-lane road, so the driver of the vehicle has a duty of care to prevent the accident in advance by safely by checking well the right and the right of the front side of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it and neglecting it, proceeded with the victim D(59 tax) owned by the victim D(59) who was parked on the two-lane road. The Defendant got the back part of the left part of the EK3 car owned by the Defendant as the front part of the said Ra car operated by the Defendant.

Accordingly, the victim G(61) who observed the above accident and driving the F taxi which was driven by the driver was driving the F taxi at the same time and stopped the vehicle of the defendant due to the above taxi, and then was making a report to the police in the vicinity of the driver's vehicle in front of the left-hand part of the defendant's vehicle.

In such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person in the vicinity and to safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, failed to look at the right-hand side of the victim G while driving without examining the left-hand side, went away as it was by negligence by the Defendant’s failure to leave the left-hand side of the victim G.

Ultimately, the Defendant above.

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