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(영문) 인천지방법원 부천지원 2019.09.19 2019고단1818
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 who are engaged in driving a car in the field B.

At around 00:40 on April 6, 2019, the Defendant driven a motor vehicle in the above Swiss area with a 0.10% alcohol concentration of 0.10%, and proceeded at a speed of about 60km per hour from the side of the public truck depot in Seocheon-si to Kimpo-si along a three-lane road in the vicinity of the Gancheon-si, Seocheon-si, by driving the motor vehicle in the above Swiss area with a three-lane alcohol concentration of 0.10%.

At the same time, there were vehicles standing on the front door for signal waiting, so in such a case, the driver of the vehicle has a duty of care to safely operate the brake by accurately manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the Defendant received the back portion of the Done Starex She driveed by the victim C(the age of 28) who stops at the same time on the front part of the car in the given Skiz. and had the said passenger-lane driven by the victim E (the age of 35) who was parked in the front of the said Skiz.

Accordingly, the Defendant by occupational negligence inflicted injury on the victim C such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury on the victim E, such as light dyeries, tensions, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the above K7 car to cover approximately KRW 5,515,708 of the repair cost, and escaped without taking necessary measures, such as providing relief to the victim, even though the said K7 car was destroyed to cover approximately KRW 2,552,97 of the repair cost.

2. The Defendant violates the Road Traffic Act (driving) at a section of about 3 km from a place not exceeding Incheon Metropolitan City calculated on April 6, 2019 to a place specified in paragraph (1).

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