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(영문) 인천지방법원 2015.12.10 2015고단6547
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On August 22, 2015, the Defendant driven the said car while under the influence of alcohol of 0.189% with blood alcohol concentration of 01:45%, and led the Defendant to drive the said car along the two-lanes from the edge of the long-distance investigative distance to the long-distance distance of 4 lanes in front of the full-time project distance of 123, South-gu, Incheon.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the vehicle progress signal.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (Nam, 19 years of age) who is to turn to the left from the opposite part of the defendant's proceeding direction by negligence that was immediately left due to the defendant's negligence, and was driven by the victim C (Nam, 19 years of age) in front of the Defendant's Aburpted vehicle.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim E (Nam and 24 years old), such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, on the part of the Defendant, and sustained injury on the shoulder softens, tensions, etc. requiring medical treatment for about two weeks, and escaped without taking necessary measures, such as aiding and damaging the said Cost of repairing the said Cost of Cost of Cost of Carex to make it difficult for the said cost of KRW 4,323,220, and aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on the occurrence of a traffic accident and the actual condition investigation report on a traffic accident;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 148 of the Road Traffic Act concerning criminal facts.

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