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(영문) 인천지방법원 2019.10.18 2019고단4773
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are the defendants.

On June 17, 2019, at around 20:50, the Defendant driven the above van while under the influence of alcohol of 0.089% with a blood alcohol concentration of 0.08%, and led to the left-hand turn at a speed of about 50km per hour in the direction of filial driving in Seo-gu Incheon, Seo-gu, Incheon.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, steering system, etc. of the motor vehicle and to prevent accidents in advance by properly operating the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded to turn to the left at the left due to negligence in the operation of the front-round and front-way operation system while under the influence of alcohol and the left-hand turn at two-lanes of the same direction, and received the back-hand part of the DPoter car driven by the victim C, who is driving at the second-lane of the same direction, as the front-hand part on the right-hand side of the vehicle.

The Defendant, by such occupational negligence, suffered brain-deads, etc. without any two emergency situations in which approximately three weeks of medical treatment is open to the victim C, and at the same time, did not immediately stop the said car to ensure that the said car repair cost would amount to approximately KRW 495,808, and escaped without taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving) at a distance of about 1.5 km from the street in front of a restaurant with mutual influence in Seo-gu Incheon, Seo-gu, Incheon, to the street 295-4, Dong-dong, Dong-dong, to the street of about 1.5 km alcohol concentration of about 0.089%.

Summary of Evidence

1. Partial statement of the defendant;

1. Police interrogation protocol of the accused (No. 17 No. 17 in the order of evidence);

1. Statement to C by the police;

1. The circumstantial statement of an employee will be made;

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