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(영문) 인천지방법원 부천지원 2015.09.10 2015고단2029
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving B K5 cars;

On July 12, 2015, the Defendant was under the influence of 00:24% of blood alcohol concentration 0.057%. On July 12, 2015, the Defendant driven the said car and continued the four-lane road in front of the 226-lane Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City, along the two-lane distance of the office building.

At the time of night, there was a center line of yellow solid lines, so there was a duty of care to live well before and safely drive the car and prevent the accident by safely driving the car.

Nevertheless, the Defendant neglected this and was driven by the victim C (year 44) who was standing in the top of the left-hand turn signal at a one-lane of the defendant's driving direction by the negligence going beyond the center line on the left-hand side, and was driving in the front part of the motor vehicle in front of the right-hand side of the defendant.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim, such as climatic salt that requires treatment for about three weeks, while at the same time, the Defendant, while destroying the above damaged vehicle to bring about KRW 2,015,553, such as the exchange of clifers, failed to immediately stop the vehicle and take necessary measures, such as providing relief to the victim.

2. Around 00:24 July 12, 2015, the Defendant driven B 5 vehicles under the influence of alcohol with a blood alcohol concentration of 0.057% from approximately 500M to the road in front of the Hancheon-si, Seocheon-si, Seocheon-si, Nowon-gu, Seoul Special Metropolitan City, to the Hancheon-si, Nowon-gu, Seoul Special Metropolitan City, Nowon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, each photograph;

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