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(영문) 인천지방법원 2017.12.13 2017고단6172
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rash car.

On March 1, 2017, the Defendant driven the said car under the influence of alcohol level of 0.148% from blood alcohol level around 12:45 on March 1, 2017, and driven the road of 3 lanes at a point of 6 km in the direction of the Gangseo-dong Highway, Jeju Jeju Island, at a point of 6 km in the direction of the Dong-dong Highway, at a speed that would not be known by two lanes.

At this point, there are several other vehicles on the front side of the defendant, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by keeping the safety distance while keeping the front door well.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding at the front of the Defendant’s vehicle, and the part concerning the back of the FSP car driven by the injured Party E (M, 46 years old) was driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, destroyed the victim E with a light flock, tension, etc. in need of approximately three weeks of medical treatment, and suffered injury to the victim G (V, 19 years old) of the above smpha car, such as base flocks, tensions, etc. in need of approximately two weeks of medical treatment, and escaped without taking measures, such as immediately stopping the said smpha car and providing relief to the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Application of Acts and subordinate statutes to the traffic accident report (Evidence List 4, 24, 27 No. 1) and/or investigation report (Evidence List 4, 27).

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes is about the crime: After the accident under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54(1) of the Road Traffic Act.

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