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(영문) 인천지방법원 2019.06.19 2019고단2430
특정범죄가중처벌등에관한법률위반(도주치상)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

Criminal facts

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

On September 22, 2018, the Defendant driven the above car on September 03:35, 2018, and led the Defendant to drive the above car in the vicinity of the Samsan gymnasium intersection, which is located in 1, Seocheon-si, Seocheon-si, to the new reproduction distance from the 7-lane off of the middle ICT distance.

In such a case, a driver has a duty of care to live well before and after a person engaged in driving service, to accurately operate the steering and brake system, and to safely proceed with it.

Nevertheless, the Defendant neglected to do so and avoided so, and went back as they were, and escaped without immediately stopping the said car, without taking necessary measures, such as providing relief to the victim, by shocking the part behind the instant car, which was followed by the driver of the victim C (the age of 48) who was in the atmosphere signaled in the aftermath of the air, leading the victim to an injury, such as salt, tension, etc. of the trend requiring approximately two weeks of medical treatment. At the same time, the Defendant inflicted damage on the victim, such as light c45,00 won of the repair cost of the said car, even though he did not immediately stop the said car and stop the vehicle.

2. The Defendant violated the Road Traffic Act (driving) driven the above low-speed car while under the influence of alcohol at the section of about 45 km from the road located in the Incheon Bupyeong-gu to the front road of the F, Bupyeong-gu, Incheon, the Defendant driven the above low-speed car in the state of alcohol level of about 0.080%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Investigation reports;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to photographs measuring drinking;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148, 54(1), and 148-2(2) of the Road Traffic Act.

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