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(영문) 인천지방법원 부천지원 2014.11.19 2012고단156
특정범죄가중처벌등에관한법률위반(도주차량)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

On December 6, 2011, the Defendant, without obtaining a driver's license at around 16:20 on December 16, 201, driven a cgner driver's car with a blood alcohol concentration of 0.148%, and changed the three-lane road into one-lane in front of the two-lanes of the two-lanes in the Seocheon-gu So-gu, Seocheon-si, Seocheon-si.

Any person engaged in driving service of a motor vehicle shall be prohibited from driving a motor vehicle without obtaining a motor vehicle license or while drinking it.

Nevertheless, without a driver's license, the Defendant, while under the influence of alcohol, was negligent in driving on the front side and left side and right side by negligence while neglecting the duty of driving, and was parked in the signal atmosphere from one lane prior to the direction of the horse course to the signal atmosphere, and the part on the right side side of the victim D(SM5) driving, which was driven by the victim D(SM5) and 5 years old, was placed in front of the left side of the vehicle.

The Defendant, due to the shock of the foregoing accidents, sustained injury to the victim F (V, 20 years of age) who was on the top of the operation of the said victim D and the said SM5 car, such as salt pane, tension, etc. requiring treatment for about two weeks, and escaped on the job without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report and a traffic accident report;

1. A report on the status of a driving station and a report on the status of a driving station and a driver;

1. The driver's license ledger;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply) as to the criminal facts under the corresponding provision of the relevant Act, and the former Road Traffic Act.

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