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(영문) 인천지방법원 2012.11.01 2012고단9712
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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

1. The Defendant is a person who is engaged in driving a motor vehicle B in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (non-accident).

At around 00:50 on August 14, 2012, the Defendant driven the said car under the influence of alcohol concentration of 0.091% at the 534 repair service distance intersection in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and driven it at a speed that is impossible to know from the right side of the school distance to the right side of the audience’s degree, depending on the three-lane of 4-lane.

At that time, because the traffic signal, etc. is installed, the driver has a duty of care to prevent the accident by proceeding in accordance with the signals.

Nevertheless, the Defendant, by negligence in contravention of stop signal, led to the Defendant’s failure to turn left from the school distance from the 4th side of the Madin training complex to the school distance pursuant to the new subparagraph (52) by the victim C (the 52-year old), who was driven by the victim D (the 52-year-old). The Defendant shocked the front side of the Estststy taxi and rearly

Ultimately, the Defendant, through occupational negligence above, sustained injury to the victim C, such as double scam and cerebral scam, which requires approximately three weeks of medical treatment, and at the same time, destroyed the said taxi to become 5,735,913 won, and escaped without taking necessary measures in the event of an accident.

2. Violation of the Road Traffic Act (LA) the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 10km from a section of about 10km to the front of the school distance of the Yeonsu-gu Incheon Metropolitan City Cheongdong-dong from the street in front of the above repair service distance crossing from the street in front of the above repair service distance in the middle of the above temporary border-dong, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a de facto driver and a statement of de facto survey;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article applicable to criminal facts;

(a) The point of escape after occupational injury:

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