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(영문) 인천지방법원 2015.05.11 2015고단1196
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, 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

On March 7, 2015, the Defendant is a person who is engaged in driving Cknife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 0.069% under the influence of blood alcohol concentration 0.069%.

At the time, since it is night, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by looking at the front side and the left side well and safely.

Nevertheless, the Defendant neglected this and found the E-7 car driving of the victim D(28 years old) who was proceeding at the front of the road, and took an urgent action to avoid this from the time. However, the Defendant was unable to take the measure and received the victim’s car driving ahead of the right side of the passenger car by failing to take the measure.

The Defendant, by such occupational negligence, committed an injury to the victim D, such as light and scarcity, which requires approximately two weeks of medical treatment to the victim D, and sustained injury to the victim F (V, 28 years of age) who was boarding the said K7 car, such as light, scar, scar, and fright, which requires medical treatment for about two weeks, and escaped without immediately stopping the said K7 car, even though the Defendant damaged the repair cost of KRW 3,575,823, such as the exchange of a panion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident actual condition survey report and a report on detection of a driver;

1. Each written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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