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(영문) 인천지방법원 2016.04.21 2016고단1281
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of road traffic law at the Incheon District Court on May 20, 2015, and the said judgment became final and conclusive on May 28, 2015.

1. The defendant is a person who is engaged in driving a C low-priced vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents);

A. On February 3, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.091% during blood transfusion on February 3, 2016, and proceeded ahead of the road in Incheon Nam-gu with the front of the road D from the boundary of the new engineer distance to the main bank.

At the time, since it is at night, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by emphasizing the front side and accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering and brakes under the influence of alcohol as above, and caused the Defendant’s negligence to shock the part of the front part of the vehicle driven by the Defendant, following G K5-si driven by the Victim F (63 years old) who was under way at the front of the Defendant.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim FF, such as salt, tensions, etc., in need of approximately two weeks of treatment, and escaped without taking any measure even though the Defendant destroyed the said K5-si owned by the victim friendly Transport Co., Ltd. to repair the said 3,630,728 won.

B. On February 3, 2016, at around 01:20, the Defendant continued to drive the said vehicle while under the influence of alcohol, and continued to proceed with the I road drawing in front of the I gas station in the Southern-gu Incheon Metropolitan City H from the breath of the elementary school distance.

At the time, since it is at night, the defendant who is engaged in driving of the motor vehicle is able to see the front door and accurately manipulate the steering and brake system.

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