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(영문) 인천지방법원 2016.04.07 2016고단502
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is engaged in driving of a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egression) and the Road Traffic Act (Egress after accidents).

On December 9, 2015, the Defendant, while under the influence of alcohol content 0.179% in blood around 20:16, came to turn to the left from the private distance at the entrance of the fenced village at the south-gu, Incheon Metropolitan City, a prisoner of war at the age of 622 players' village at the south-gu, Incheon.

The Defendant, by negligence of the left turn at the red fluoral left turn while under the influence of alcohol, brought down the front portion of the Defendant’s car driving C(W, 46 years old), which was normally proceeding on the right side from the left side of the car driving direction of the Defendant, with the front portion of the Defendant’s car.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as light fluoral salt, which requires medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping a vehicle, even though it damages the victim’s 4,205,850 won, such as the spread exchange of the halog car.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant at a 0.179% alcohol concentration in blood at the time of the day specified in paragraph (1) of this Article by driving a 10-km car at a 10k-meter level from the nearest area of the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon to the middleest area of the Bupyeong-gu, Bupyeong-gu, Incheon to the middleest area of the 622 players degree through the 622 players degree.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

1. A written diagnosis and written estimate;

1. A witness vehicle blackbbox and video CD;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the point of escape after the injury from duty).

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