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(영문) 인천지방법원 2020.06.05 2020고단2354
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

around 23:01 on February 17, 2020, the Defendant 2020-Ma2354 operated a B-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

In such cases, the driver had a duty of care to prevent accidents in advance by accurately operating and proceeding the brakes prior to entering the intersection.

Nevertheless, the Defendant neglected this and caused the Defendant to shock the part of the right side of the FTS125S two-wheeled vehicle driven by the victim E (the age of 28) who was going to cross the road to the right side from the left side of the Defendant’s running direction, to the front part of the Defendant’s vehicle. As the said two-wheeled vehicle continues to be pushed down by shock, the Defendant Haco-mor sport cargo vehicle owned by G, which was parked on the road, was shocked.

The Defendant, by negligence in the course of performing the above duties, suffered a string of the leavings, etc. requiring medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as destroying the said two-wheeled automobile to cover KRW 3,717,430, such as exchange of right presses, and providing personal information to the victim.

On September 20, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court.

On April 5, 2020, at around 07:03, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of about 0.142% under the influence of alcohol from around 4km-dong, Nam-gu, Incheon to the road located in 1336-5, Dong-dong, Dong-dong, Incheon.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

"200 Highest 2354"

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a written estimate, and a medical certificate;

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