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(영문) 인천지방법원 2016.03.16 2015고단8431
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who drives a car known to B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicle) and the Road Traffic Act (ii).

On December 3, 2015, the Defendant driven the upper car around 00:00 on December 3, 2015, and tried to drive the front of the modern department department street, which is located international, in Yeonsu-gu Incheon Metropolitan City, in the international route, from the 1st intersection to the balking level.

At the time, there is a long distance on which signal lights are installed at night and on the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to take care of the front door and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol content 0.09% in blood, neglected to do so, received the part of the Defendant’s front driver’s vehicle following DK7 car of the injured party C (36 tax) waiting for signal in the front bank by negligence.

Ultimately, the Defendant, by occupational negligence, sustained injury to salt and tensions by the chills that need to be treated for about three weeks, and at the same time, escaped without taking necessary measures, such as stopping and providing relief to the injured party, even though the said damaged vehicle was damaged by 1,193,978 won, such as the exchange of chills.

2. The Defendant was driving a vehicle under the influence of alcohol content of about 20km from the Cheongcheon-dong, Bupyeong-gu, Incheon, to the front road of the 1st modern department store Gulllm, the Defendant was under the influence of alcohol content of about 0.09% in blood from the 20km section to the front road of the shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty), Articles 148 and 54 of the Road Traffic Act concerning the crime.

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