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(영문) 인천지방법원 2018.08.13 2018고단3090
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 is engaged in driving a vehicle with C investment vehicle.

On February 21, 2018, the Defendant driven the said car under the influence of alcohol content of 0.165% among blood transfusions on 06:50, while driving the said car, leading from the direction of the mountain distance from the side of the ductal middle school in front of the E restaurant located in the Heung-gu, Cheongju-si.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the steering direction and brakes with the front, rear and left right and right of the person who is engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and received the part of the victim F (e.g., 53 years old) who was under a stop in the later bank due to the negligence of the Defendant’s negligence, following the G G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of two weeks’ medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, an accident scene photograph, and a report on actual condition investigation;

1. On-site and vehicle photographs, video CDs, investigation reports (to hear the statements of the victimF);

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Application of the Acts and subordinate statutes of written diagnosis and written estimate for motor vehicles;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act is committed.

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