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(영문) 인천지방법원 2020.01.16 2019고단8394
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 7, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a B rocketing car;

On September 14:20, 2019, the Defendant driven the above car and continued the front road of Michuhol-gu Incheon Metropolitan City to the front of the road as a master-distance away from the tinba-distance.

At the time, there was a vehicle stopping in front of the defendant's running direction, so in such a case, there was a duty of care to look at the front and right side of the vehicle and to prevent the accident by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant was negligent in driving a vehicle in front of the Defendant, and the back part of the victim D (the 52-year-old) drive E QM5 car, which was driven by the Defendant’s negligence, was committed as the front part of the said QM5 car.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer injury, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and escaped without necessary measures, such as providing relief to the victim, even if the Defendant destroyed the victim’s car and immediately stops the car, so as to bring about KRW 2,651,91 repair costs to the victim.

2. Around September 14:20, 2019, the Defendant driven a B rocketing car with a blood alcohol concentration of at least 0.03% from the section of approximately 900 meters from the front of the Michuhol-gu Incheon, Incheon to the front of the same Gu, while under the influence of alcohol at least 0.03%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Exemplary drivers;

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