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(영문) 인천지방법원 2014.02.06 2013고단6873
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Road Traffic Act (not in action after an accident) is a person engaged in driving of a vehicle B-to-purd motor vehicle.

On September 22, 2013, the Defendant, at around 22:27, run at a speed of 171-8 Germany and the road of 20-8 lanes in front of the road at a speed of 3-lanes from the direction of the current distance, which is visible from the direction of the current distance.

Therefore, since the driver of a motor vehicle was at night and she was followed by the rocketing taxi driven by the victim C(53 years old), there was a duty of care to ensure that the person engaged in the driver of the motor vehicle was well aware of the situation, and that the taxi has a duty of care to secure and proceed with the safety distance that can be avoided when the taxi stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the vicinity of the above taxi due to the negligence of driving the vehicle in the vicinity of the above taxi, and received the back part of the left side of the above taxi.

Ultimately, the Defendant, by negligence in the course of performing such duties, destroyed the said taxi to take KRW 1,210,000 for repair costs, and escaped without immediately stopping the said taxi and taking necessary measures.

2. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) escaped after having caused an accident as set forth in paragraph (1) and led to the passage of a three-lane road in front of the building volume of the school-based 2:30 on September 11, 2013, Nam-gu, Incheon, Nam-gu, Incheon, at a speed that is one-lane from the distance of driving distance to the distance of school-interest.

At this time, there was a night and there was a duty of care to secure a safe distance that can be avoided in the event of the suspension of the cargo vehicle by a person who is engaged in the driving of the motor vehicle, because the person who is engaged in the driving of the motor vehicle was at night and the victim E (58 years old) followed the cargo vehicle.

Nevertheless, the defendant neglected to pay attention to the above taxi while under the influence of alcohol and is in close vicinity to the above taxi.

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