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(영문) 인천지방법원 2018.08.13 2018고단4383
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a motor vehicle B.

On May 4, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol concentration of 0.217% among blood transfusions on May 4, 2018, and led to the intersection of trees in Jung-gu Incheon, Jung-gu, Incheon, to the new city from the border.

At this point, the central line and the lane have been installed, thus, the driver engaged in driving business has a duty of care to observe the lanes and to prevent accidents by properly manipulating the steering system and the brakes.

Nevertheless, the defendant c (n, 35 years old) who was in the atmosphere of signalling in the opposite opposite lane due to negligence in which he was under the influence of alcohol while driving the same as above.

K3 The upper part of the left-hand part of the K3-hand side was received as the upper part before the left-hand side of the Do vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, caused the victim to suffer light salt, fingers, and knife in need of approximately two weeks of medical treatment, and at the same time, did not stop the said K3 vehicle to repair KRW 5,983,570, which is owned by the victim and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A fact-finding survey report and a traffic accident occurrence report;

1. The circumstantial statement of the driver involved and response to the request for appraisal;

1. Application of Acts and subordinate statutes to medical certificates and report on investigation (report on confirmation of the amount damaged by a vehicle);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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