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(영문) 인천지방법원 2017.04.19 2016고단8959
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a vehicle B, the test.

On October 18, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.074% among blood transfusions on 05:40%, and changed the lane from the fourth to the third lane while he driven the road of 5 lanes in front of the D in Incheon Gyeyang-gu, Incheon Metropolitan City from the front school distance room to the high speed of about 50km.

At the same time, since the victim E(59) driving was in progress, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to change the lane in a safe way by accurately operating the steering and the system of the vehicle.

Nevertheless, the Defendant neglected to change the lane and received the front part of the right side of the victim E's vehicle in front of the left side of the Defendant E's vehicle due to the negligence of changing the lane, and continued to proceed the front part of the victim G(59 years old) driving in the right side of the Defendant's vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim E, such as salt, tensions, etc., in need of a two-day medical treatment, and injury to the victim G, such as light and fluoral salt, etc. requiring two-day medical treatment. The Defendant, without taking measures such as destroying the victim E’s G vehicle to repair costs, and immediately stopping the vehicle to rescue the damaged person, even if it damages the victim E’s repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to a survey report on the actual condition, a report on the actual condition of the driver in charge, a report on the results of an investigation, a written diagnosis, and a quotation

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 of the Road Traffic Act.

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