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(영문) 인천지방법원 부천지원 2018.01.25 2017고단2974
특정범죄가중처벌등에관한법률위반(도주치상)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

The defendant is a person who drives B's car as a duty.

On November 23, 2017, the Defendant was under the influence of alcohol content of 0.094% during blood transfusions, and from Navii, which is located at 10-o, Kimpo-si, Kimpo-si, 134 o, 70-o, Kimpo-si, the Defendant driven CA car and proceeded from the maart to the Navi village.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation of the front side and accurately manipulating the steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant failed to find out the Di30 car driven by the victim C (28) who was driven by negligence while neglecting the above duty of care while driving in a state with low judgment and net power, and the above Ci30 car was also driven by the victim C (28 ) and the Defendant also escaped without taking necessary measures, such as aiding and abetting the victim with the back portion of the said i30 car in front of the left part of the C car, thereby incurring about three weeks of treatment. At the same time, the Defendant destroyed the said i30 car to repair cost, such as exchange of the 13,682,502 won, and attempted to rescue the damaged person.

Accordingly, the defendant driving a motor vehicle while under the influence of alcohol, suffered an injury to the victim due to a traffic accident caused by occupational negligence, and at the same time, did not take necessary measures even after destroying the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A survey report on actual condition, a statement on the circumstances of a driver taking driving, a notification of the results of regulating the driving of drinking, a medical certificate, and a written estimate;

1. Application of each statute on photographs;

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 act of escape after the injury caused by occupational negligence).

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