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(영문) 인천지방법원 2013.11.14 2013고단4640
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) is a person engaging in driving CNFna another car.

On June 7, 2013, the defendant operated the above car at around 21:30, and proceeded at a speed of about 50 km per hour from the room of the crew box to the strengthening Eup, one way ahead of the US loan, which is located in the window of the crew of the Incheon strengthened-gun.

At the time, the road was at night at the vicinity, and the road was at the right direction, so the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the steering gear by properly manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the front side without properly examining the front side of the said vehicle and had the victim D (V, 35 years old) who was walking on the right side of the said road go beyond the floor.

Ultimately, even though the Defendant suffered injury, such as mination of b4 weeks of fladuling fladuling to the right side, opening, etc., due to the above occupational negligence, the Defendant left away without immediately stopping and taking measures, such as aiding the victim.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 15 kilometers from the date and time as described in the foregoing paragraph 1.1. and from the front day of the construction of the comprehensive water flow for irrigation on the roadside of Incheon-gun to the front day of the F in Incheon-gun E, while under the influence of alcohol of the blood alcohol concentration of 0.054%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. The actual condition survey report and field photographs;

1. Report on detection of drivers, circumstantial statements and investigation reports (demark);

1. Application of Acts and subordinate statutes of a medical certificate;

1. The point of escape after the injury of occupational negligence caused by the traffic by the relevant legal aid concerning the crime:

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