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(영문) 인천지방법원 2014.06.16 2014고단2235
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B.

1. On January 1, 2014, the Defendant was under the influence of alcohol level of 0.142% of the blood alcohol level around 08:50 on the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) and proceeded ahead of the cause disaster station located on the 287-lane from the ethal region of Yeonsu-gu Incheon to the ethic City of Songdo.

At the time, there is a safety zone surface indication on the right side of the front side of the vehicle, and there is a vehicle waiting by right while driving the right side of the direct driving vehicle. In such a case, the direct driving vehicle has a duty of care to safely drive the safety zone so that it does not disturb the safety zone by leaving the lane, such as thoroughly operating the steering direction and operation of the steering system, etc. at the front side of the vehicle.

Nevertheless, the defendant neglected this and got the victim C(Y, 41 years old) driving car, which was waiting on the right side of the course, and moved the above marina car into the right side of the course.

As a result, the Defendant suffered injury to the brain salute, etc. in which it is impossible to know the treatment period to the victim due to such occupational negligence, and at the same time, escaped without taking necessary measures, such as aiding the victim while destroying the said math car to the extent of scrapping it.

2. The Defendant violated the Road Traffic Act (driving) at the time and time as stipulated in paragraph (1) of this Article, while under the influence of alcohol of approximately 3.9k alcohol concentration from the Do adjacent to the franchisium in the Nam-gu Incheon Metropolitan City, Yeonsu-gu, Incheon to the 287 Gyeongwon-gu, Yeonsu-gu, Incheon, to the flusium adjacent to the 287-grachisium, the Defendant driven the said flusium car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report, image photograph prior to an accident, and investigation report;

1. Exemplary drivers;

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