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(영문) 인천지방법원 2014.02.12 2013고단7443
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (Non-accident) are those engaged in driving of CM3 motor vehicles;

The Defendant, at around 23:00 on October 25, 2013, driven the above car and proceeds in one lane from Kintex to Kimpo-ro, one of three-lanes from Kintex to Kinkpo-do.

The two-lanes have changed into two-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely examining the movement of a motor vehicle driving on a two-lane and safely examining the movement of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim D (the age of 33) who was driving a two-lane due to the negligence of changing the two-lanes of the lane, and was under the right side of the Defendant’s car.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties for about two weeks in the light of the influence of alcohol, and at the same time, escaped as it is, without taking necessary measures, such as immediately stopping the car and providing relief to the victim, so that the amount equivalent to KRW 1,225,866 of the repair cost can be seen as 1,25,866.

2. Around 23:00 on October 25, 2013, the Defendant driven a CM3 vehicle while under the influence of alcohol of about 0.107% of the blood alcohol concentration from the 5km section up to the road, after passing through the 2nd place of accident as set forth in paragraphs (1) from the 2nd-down village complex in Yongsan-gu dialogue-dong, Yongsan-gu, Seoyang-si via the place of accident as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Criminal facts;

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