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(영문) 인천지방법원 부천지원 2020.05.28 2019고단3764
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

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 engaged in driving motor vehicles B;

On September 23, 2019, the Defendant driven the said car under the influence of alcohol level of 0.202% on blood alcohol level around 19:55 on September 23, 2019, and led to the driving of the said car along the two-lane road in front of Incheon Seo-gu, Incheon, along the full-time distance outflow from the original distance outflow.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by driving the motor vehicle in a safe manner by properly examining the traffic situation on the front

Nevertheless, under the influence of alcohol, the Defendant neglected to change the two lanes from the two lanes to the three-lanes, and was driven by the victim D (hereinafter referred to as 56 years old) who was driving along the three-lanes by the victim D (hereinafter referred to as the “victim D”). The Defendant received the front part of the left side and the pent part of the Egystex vehicle, and received the rear side of the Egyst car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and, at the same time, did not immediately stop the said Mat Motor Vehicle to the extent of 905,640 won in repair cost, and escaped without taking necessary measures, such as aiding the victim.

2. On September 23, 2019, the Defendant driven a Category B motor vehicle under the influence of alcohol content concentration of 0.202% at a section of about 11m 0.202m, around September 23, 2019, in the vicinity of the Incheon Gyeyang-gu, Incheon Seo-gu, a road adjacent to the front city, along with a city of Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer 1.

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