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(영문) 인천지방법원 2014.12.10 2014고단7741
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 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 service of the franchise XG car volume.

On September 26, 2014, the Defendant operated the said vehicle while under the influence of alcohol of 0.217% without a driver’s license on September 26, 2014, and proceeded at a speed of about 50 km per hour at a speed of about 50 km from the gate at the entrance of the Nelimianian State to the front of the D cafeteria located in Seo-gu Incheon Metropolitan City.

At that time, vehicle signal, etc. has been installed along with the crosswalks, and in such a case, the driver of the motor vehicle has a duty of care to prevent the accident by accurately operating the steering gear, brakes and other devices according to the vehicle signal while driving the motor vehicle in front of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in proceeding without properly doing so while driving at the front part of the Defendant’s driving vehicle, and got off the part of the FST5 vehicle in front of the Defendant’s driving vehicle in front of that vehicle, and had the victim G (40 years old) who is the passenger of the damaged vehicle (40 years old) provide treatment for approximately two weeks, and had the victim H (30 years old) of the same passenger suffer each injury, such as culatory salt, tension, etc. in need of treatment for about two weeks, and at the same time, escaped without taking relief measures by immediately stopping the said damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H, G, and I;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

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