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(영문) 인천지방법원 2017.11.29 2017고단7150
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

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 (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and in violation of

On July 11, 2017, the Defendant driven the above vehicle while under the influence of alcohol of 0.186% among blood transfusions, and proceeded at the speed of about 30km from the right line to the right line between the 556-lanes in front of the literature stadium, which is located in 556 as the Gyeongwonwon of Incheon Nam-gu.

At the time, other vehicles are driving on the left and right side of the defendant, so in such a case, prior to changing the lane, the driver of the motor vehicle had a duty of care to properly operate the motor vehicle driving on the left and right side and right side, and to safely change the lane and prevent the accident from spreading.

Nevertheless, the Defendant, while under the influence of alcohol as above, was negligent in changing the course into two-lanes of the same direction, and the part prior to the left-hand part of the halogba car driving by the victim C (25 years) who was driving in the same direction.

As a result, the Defendant caused the victims on board the above halog vehicle by his occupational negligence to receive approximately two weeks medical treatment, and at the same time, did not take necessary measures such as providing relief to the victims by immediately stopping the vehicle, even though it damages the above halog car to be in excess of KRW 3,500,000, such as the exchange of halogs.

2. On July 11, 2017, the Defendant violated the Road Traffic Act (drinking) at around 02:46 around approximately 7.8 km from the roads near the station located in the port located in 95-19, Nam-gu, Incheon, Nam-gu, Incheon, to the roads front of the Southern-dong Green Park located in 263, Nam-gu, Incheon.

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