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(영문) 인천지방법원 2018.11.14 2018고단7064
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 13, 2012, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) by supporting the Daegu District Court Kimcheon-cheon, and on January 9, 2017, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (drinking driving) by the Incheon District Court.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle B in the context of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and a violation of the Road Traffic Act (after an accident).

On July 22, 2018, the Defendant driven the said car under the influence of alcohol level of 0.220% among blood transfusions on July 22, 2018, and driven the road of five-lanes in front of Gangnam-gu Seoul Metropolitan Government C along the intersection of the Young-dong Bridge at the intersection of the intersection between the Young-dong Bridges.

At the time, at the same time, the defendant was under the E 5-si operated by the victim D (61) on the side of the above car operated by the defendant, and in such a case, the defendant had a duty of care to safely drive the front left and right and to prevent the accident by properly operating the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the tea to a three-lane and was on the right side of the said taxi due to the negligence of changing the tea to a three-lane.

Defendant at the same time, Defendant D’s occupational negligence inflicted injury on the victim D, such as chills, tensions, etc. in need of approximately two weeks of treatment, and the victim F (n, 18 years of age) who was on board the said cab, suffered injury, such as catum salt, etc., which requires approximately two weeks of treatment, and the victim G (n, 19 years of age) with approximately two weeks of treatment, and escape without immediately stopping the said cab to ensure that the said cab is damaged to cover KRW 2,527,183 of its repair cost, and without taking measures, such as providing relief to the victims.

2. The accused who violates the Road Traffic Act shall do so at the same time as paragraph (1).

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