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(영문) 인천지방법원 2017.08.30 2017고단4386
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged by B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or after the accident).

On May 5, 2017, the Defendant driven the above car at around 18:50, and led to the two-lane road immediately preceding the D shooting distance in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by properly operating the front side and the left side and the left side, the defendant neglected to do so, while driving a motor vehicle while under the influence of 0.136% of alcohol in blood, and by negligence, caused the part of the back part of the victim E (39 years old)'s driver's vehicle in the front part of the driver's vehicle.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim E, the victim G (n, 37 years of age), and the victim H (8 years of age), respectively, with approximately two weeks of medical treatment; suffered from the injury of climatic salt, etc. in need of approximately two weeks of medical treatment to the victim I (5 years of age); at the same time, the victim E suffered from the injury of the right-hand salt, etc. requiring two weeks of medical treatment; and at the same time, the said car owned by the victim E without any necessary measures, such as immediately stopping the said car to the effect that the amount of KRW 1,858,932 of medical care costs would amount to KRW 1,85,932 of medical care costs.

2. Around 18:50 on May 5, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven the said Am-burged car with a alcohol content of 0.136% under the influence of alcohol while under the influence of alcohol at around 18:50 on May 5, 2017, and proceeded with a approximately 7km section from the shooting distance in Busan Bupyeong-gu, Bupyeong-gu to the Handong-dong Handong-dong, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. Each and medical certificate;

1. Application of the written request for repair cost estimate statutes;

1. Criminal facts;

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