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(영문) 인천지방법원 2019.10.23 2019고단5572
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 Violation of the Road Traffic Act (Non-accident after Accident) were committed on June 13, 2019 by the Defendant driving a DNA knick-burged car on the south-dong Incheon Southern-dong, Seoul, and driving it from the south-dong bank to the Hoban basin in the south-dong bank. On June 13, 2019, the Defendant was committed by negligence in the course of driving the center line under the influence of alcohol concentration of 0.195% under the influence of alcohol level, and by negligence in the course of driving it over the left side of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks, and, at the same time, avoided the victim’s knife to cover repair costs equivalent to approximately KRW 2,909,949, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, the Defendant driven the said Amhurged vehicle at approximately 0.195% in the direction of about 8km from the 8km section in the south-gu Incheon Metropolitan City, Seodong-gu, Incheon, through the point of accident specified in paragraph 1, to the front road of the Gugdong-gu, Seog-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of C (including the written diagnosis and written estimate);

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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