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(영문) 인천지방법원 2014.05.01 2014고단884
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are those who are engaged in driving of B K7 automobiles;

On October 27, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.116% 0.0% around 01:00, and proceeded with the 4-lane road in front of the lebane in the south-gu Incheon Metropolitan City, the front of the lebrogate, along with four-lanes of the Gu citizen hall shooting distance.

On the front of the direction of the defendant's driving at the time, since the victim C (the age of 40) was stopped at the edge of the road, the driver of the motor vehicle had a duty of care to prevent the accident, such as the change of the vehicle line, by thoroughly keeping the front side and the left side side of the motor vehicle in the front of the direction of the defendant's driving.

Nevertheless, the Defendant neglected to do so and did not thoroughly the front-time while under the influence of alcohol, and received the part of the front-hand part of the K7 car driving by the Defendant due to the change of the vehicle line, which was driven by the Defendant.

Ultimately, the Defendant, due to such occupational negligence, sustained injury to the victim, such as salt and tensions, etc. in need of medical treatment for about two weeks, and, at the same time, escaped without immediately stopping the fright passenger car to damage the repair cost of KRW 1,279,197, without taking necessary measures, such as providing relief to the victim.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) continuously driven the said K7 car with the blood alcohol concentration of 0.116% while leaving a traffic accident at the above date, at the above time and at the above place, and continued to drive the said K7 car along the above K7 car with one-lane road in front of the death distance of the old citizens’ hall located in the south-gu Incheon Metropolitan City, Nam-gu.

At the time of the defendant.

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