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(영문) 인천지방법원 2016.07.14 2016고단1064
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle with CMW320D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles) and the Road Traffic Act (ii).

On December 26, 2015, the Defendant driven the said car under the influence of alcohol level of 0.069% in blood without obtaining a driver's license on December 16, 2015, and led the Defendant to drive the said car under the influence of alcohol level of 0.069% in the middle-gu Incheon Metropolitan City at approximately 31 to 40km in the speed of a private distance from the surface of the school-oriented distance.

At the same time, the intersection where signal apparatus is installed, and at the front of the defendant's running direction, the victim D(40 years old) E was stopped in accordance with the new subparagraph, and thus, the driver of the vehicle has a duty of care to prevent the accident from being driven in advance by safely driving by driving the steering system and steering gear with the driver of the vehicle.

Nevertheless, the Defendant was negligent in neglecting sobriing and failing to properly operate the brake and steering gear, and the part of the front part of the Defendant’s driver’s vehicle, which was shocked into the lower part of the observer’s vehicle, and continued to stop on the front part of the observer’s vehicle to be driven by the observer’s driver’s vehicle to be driven in the future.

G Driving made the back part of the Cub car to H.

As a result, the Defendant suffered injury to the victim D, such as salt, tension, etc., in need of approximately three weeks’ medical treatment due to such occupational negligence, and at the same time, the victim E, who destroyed the said observer car at the market price of KRW 800,000,000 to the extent of scrapping, and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

2. The accused of a violation of the Road Traffic Act and a violation of the Road Traffic Act.

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