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(영문) 인천지방법원 2013.07.10 2013고단2203
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cenz motor vehicle.

At around 05:25 on April 5, 2013, the Defendant was under the influence of alcohol with 0.128% of blood alcohol concentration 0.128%, and the Defendant was under the influence of 5-lane 4 lanes in front of the 55-lane Scar, Seo-gu, Incheon.

At the time, it is night, and in the situation where another vehicle is proceeding on the right side, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant had the victim D (the 57-year-old driver) driveed two lanes in the front direction with the front part of the right side of the Benz passenger car, and had the above taxi take the front side of the Benz passenger car and stop beyond the median line.

The Defendant, upon receiving the said taxi, had the said taxi take approximately KRW 6,809,00 of the repair cost, and had the victim D take care of approximately 12 weeks of the injury, such as the closure of the part of the 1st part of the said taxi, which requires medical treatment for approximately 12 weeks, and escaped without immediately stopping the said taxi and without taking measures such as providing rescue to the victim F (F, who is the passenger of the said taxi) for about 8 weeks of the injury, such as the closure of the inner wall and the removal of the inner wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 148-2(2)2 and 44 of the Road Traffic Act concerning criminal facts.

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