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(영문) 인천지방법원 2021.01.13 2020고단7296
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant was engaged in driving a low-speed car.

1. On June 17, 2020, the Defendant driven a motor vehicle under the influence of alcohol, which is about 0.101% of alcohol concentration in blood, at the section of about 8.4m from the border of the 129-ro, Seo-gu, Seo-gu, Incheon, Myeong-gu, Incheon, to the front of the 1218 new village shooting distance, as from the border of the 129-gu, Seo-gu, Seo-gu, Incheon.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a violation of the Road Traffic Act (i.e., an accident) on January 1, 201, the Defendant driven a motor vehicle under the influence of alcohol at the time of the navigation, as above, and proceeded with the two-lanes of the two-lane road in front of the shooting distance of the 1218 New Village, as Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

In such cases, the defendant has a duty of care to safely drive the front left right and the traffic condition and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim C(60) who stops in the same line along the signal atmosphere and did not drive the same line, and received the part of the Defendant’s vehicle behind the damaged vehicle.

As a result, the Defendant suffered injury to the victim C, such as chilled salt and tensions, and injury to the victim E (23 ) on the back side of the damaged vehicle, which requires approximately two-day medical treatment, and at the same time, did not immediately stop the damaged vehicle so that the damaged vehicle can be damaged by KRW 595,689, and the damaged vehicle can be damaged by the repair cost and escape without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. The police statement protocol on the defendant's legal statement C and E respectively;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each written diagnosis and written estimate on the circumstances of the driver in charge of the primary work;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning the crime (main sentence), Article 268 of the Criminal Act.

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