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(영문) 인천지방법원 2016.04.07 2016고단463
특정범죄가중처벌등에관한법률위반(도주차량)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

1. The Defendant is a person who is engaged in driving a B K3 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

On December 16, 2015, the Defendant driven the above vehicle at around 01:10, while driving the blood alcohol concentration of 0.164%, and led to the progress of the DNA musical road located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, into the slope of the Bupyeong Park in the new village.

At the time of night, there was a duty of care to prevent accidents by emphasizing the front side and the left side and accurately manipulating the steering and brakes of the vehicle, and to prevent accidents.

Nevertheless, Defendant E (63) who was proceeding on the left-hand side while he was under the influence of alcohol due to the negligence of not operating the steering and steering apparatus accurately, and changed the lane to the left-hand side of the vehicle, the Defendant was placed on the top of the driver’s seat of the vehicle driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as salt ties and tensions that require approximately two weeks of treatment, and escaped without immediately stopping the said rocketing car owned by G limited liability company and without taking necessary measures, so as to cover the repair cost of KRW 342,578.

2. On December 16, 2015, the Defendant violated the Road Traffic Act (drinking) driven the said BK3 vehicle under the influence of alcohol content of 0.164% in blood around 01:10 on December 16, 2015, while driving the said BK3 vehicle at a level of alcohol content of 0.164%, and proceeded with approximately 3 km from the front of the other square in the East-gu, Incheon, Bupyeong-gu, an Aptaro-ro 474 to the same Gu square from the front of the 16-lane in front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Statement made by the police for E;

1. A report on the actual situation;

1. The submission of a written estimate for an investigation shall be attached thereto;

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