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(영문) 인천지방법원 부천지원 2016.04.28 2016고단656
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 8, 2002, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and on October 8, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Support of Sugwon Friwon, and on January 23, 2009, received a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) from the vice branch of the Incheon District Court.

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle B at the B B at the Pluri.

On March 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.198% from blood alcohol level around 20:40 on March 14, 2016, and led to the driving of the said car under the influence of 0.198% on the front of the Ocheon-gu, Ocheon-gu, Orcheon-si, to the original IC, at about 30km along the two-lanes.

At night and at the same time, the place was an intersection where it is possible to turn to the left at a one-lane, so there was a duty of care to prevent accidents in advance by operating the vehicle in accordance with the vehicle line while paying attention to the driver of the vehicle in order to reduce the speed and turn to the left at a one-lane.

Nevertheless, the defendant neglected to do so and did not keep the front line without keeping it well, and while proceeding at a one-lane, the victim D(W, 45 years old) who was waiting to turn to the left at the right-hand side of the Etopcar car driven by the defendant, which was driven by the victim D(W, 45 years old), and the back part of the Etop car driving by the defendant.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as brain-dead sugars without any wound in the two markets for which treatment for about three weeks is required, and at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged party by immediately stopping the vehicle, even though the repair cost of KRW 3,31,078, such as the exchange of rier pans, was damaged to the extent that the above mosa car is damaged.

Summary of Evidence

1. The defendant's statement in court;

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