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(영문) 인천지방법원 2016.06.15 2016고단1771
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is obvious that he/she is in writing in the previous North Korean indictment, as stated in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of Road Traffic Act.

B A person engaged in driving a low-est car.

On February 15, 2016, the Defendant driven the above car at around 22:08, and driven the two-lane road in front of the Incheon Western elementary school, which is located in 58-5, Seo-gu, Seo-gu, Incheon, along the two-lanes from the south underground roadways.

At the time, the defendant's left-hand side of the victim C(W, 53 years old) driving is driving in one lane. In such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by accurately operating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and due to the negligence of changing the course into one lane, and received the entire part of the top left ahead of the right-hand side of the vehicle of the above-mentioned Aburg-turg.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim during approximately two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as aiding and abetting the damaged party, even though the Defendant destroyed KRW 3,531,98 of repair cost, including the exchange of sod vehicle sod, after the said vehicle, she immediately stopped and escaped without taking necessary measures, such as aiding and abetting the damaged party.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle at the time, place, as described in paragraph 1, with a alcohol concentration of 0.122% in blood while under influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. Medical certificates;

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