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(영문) 인천지방법원 2014.10.13 2014고단5786
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2014, at around 17:28, the Defendant was under influence of blood alcohol concentration of 0.188% on the road in the Namdong-gu Incheon Metropolitan City 106-4, the Defendant was moving to the direction of the aftermath of the hydro Park.

At the time, the amount of DNA-learning passenger cars driven by the victim C(50 years old) is driven prior to the driver's license of the defendant.

Since the defendant was making a stop for the signal waiting, there was a duty of care to secure and drive a sufficient safety distance so that he can see the situation and avoid the shock with the front vehicle.

Nevertheless, the Defendant neglected this and received the rear part of the passenger car which the Defendant was driving in front of the Saturdays, which was driven by negligence by the Defendant while under the influence of alcohol.

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and suffered injury to the victim E (the victim 43 years old) who is the passenger of the damaged vehicle, such as the two gates requiring treatment for about two weeks, and escaped without immediately stopping the said fright car to the extent that it damages the amount equivalent to KRW 347,120 for repair cost, while failing to take relief measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of the scene of the accident, and photographs of the accident vehicle;

1. Reports on detection of drivers, reports on the circumstantial statements of drivers, and internal accidents (with respect to the application of the Ba mark);

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime at issue.

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