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(영문) 인천지방법원 2017.06.14 2017고단1747
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 who is engaged in driving a low-speed car.

On January 30, 2017, while the Defendant was under the influence of alcohol 0.164% during blood transfusion, the Defendant driven the above high speed four lanes in front of the Namdong-gu Incheon Metropolitan City C by driving the above high level of car, and led the Defendant to drive the two lanes in the direction of the large distance of death and death, from the direction of the large distance of death, at a speed of about 50 kilometers per hour.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the front city and brakes, caused the victim D (51) who was stopped by signal waiting at the front bank due to the negligence of not operating the front city and brakes of the taxi in the front. The Defendant shocked the back part of the passenger car driving in the front part of the passenger car.

Ultimately, the Defendant, by the above occupational negligence, immediately stopped to the victim D with approximately two weeks of medical treatment, and escaped without taking measures, such as aiding the damaged person or confirming the degree of damage, even though the Defendant sustained approximately KRW 5,851,932 of the 37-day medical treatment for the chills and tensions, etc. from the victim FF (37 years of age) on the rear seat of the said taxi vehicle, and at the same time, destroyed the said taxi vehicle to cover approximately KRW 5,851,932 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. The application of Acts and subordinate statutes to the traffic accident report, each photograph, the circumstantial statement of the driver with the main driver, and each medical certificate;

1. The point of escape under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: The point of non-measures after an accident under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54(1) of the Road Traffic Act: The point of driving under the influence of alcohol under Articles 148 and 54(1) of the Road Traffic Act: Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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