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(영문) 인천지방법원 부천지원 2014.04.23 2014고단434
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

[criminal power] On March 2, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at Ansan Branch of the Suwon District Court as well as a summary order of KRW 3 million for the same crime at the Seoul Central District Court on June 11, 201.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) and the Road Traffic Act (Non-accident) are engaged in driving a Bhn-E vehicle.

On February 10, 2014, at around 00:32, the Defendant driven the above vehicle while under the influence of alcohol of 0.154%, and proceeded at a speed of about 60 kilometers per hour at a speed of about 60 kilometers per hour, depending on the side of the ductal distance by explaining the two-lane road from the side of the ductal distance.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reporting the traffic situation well, and accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant discovered that the victim C (ma, 56 years old) who was driving prior to the same direction was at the latest stopped to stop for the signal atmosphere, and operated it later. However, the Defendant did not avoid the situation, and did not look at the part of the damaged vehicle in front of the said vehicle that the Defendant driven.

As a result, the Defendant suffered from a fluoral finite, which requires treatment for about two weeks by occupational negligence as above, and at the same time escaped without necessary measures, such as providing relief to the victim, even though it damages repair expenses equivalent to approximately KRW 79,720, such as the exchange of fluor of damaged vehicles, and immediately stops.

2. The defendant who has violated the Road Traffic Act shall meet the requirements set forth in Article 44 (1) of the Road Traffic Act at least twice.

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