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(영문) 인천지방법원 2017.07.19 2016고단8755
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 12, 2016, the Defendant driven the said car under the influence of alcohol level of 0.128% among blood transfusions on November 23:5, 2016, and entered the south-gu Incheon Southern-gu apartment at a speed that is large from the ridge to the mix apartment on the side of the ridge, and became unknown.

In this case, the driver of the vehicle has a duty of care to live well on the right and the right and the right of the driver of the vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with the front section of the car driven by the Defendant on the front section of the car driven by the victim D(19 years old) of the victim D (19 years old) who proceeded along three-lanes of the four-lane road in the direction of the new engineer distance from the day-string distance.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D and the passenger of the above L-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-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-W

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Statement made by the police against D;

1. A written statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Each and medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 subparag. 1 of the Road Traffic Act, Article 148 of the Road Traffic Act, Article 148-2 subparag. 1 and Article 44 of the Road Traffic Act, as to the crime in question.

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