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(영문) 인천지방법원 2015.06.11 2015고단1910
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A person engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, and violation of the Road Traffic Act;

On March 22, 2015, at around 23:55, the Defendant driven the above vehicle while under the influence of alcohol of 0.163% with blood alcohol concentration, and led to the operation of 332 and the front road of the matho distance off in the south-gu Incheon Metropolitan City as the Southern-gu Southern-gu.

At the time, there was a passenger car in the atmosphere of signal at night and at the front, so in such a case, the person engaged in driving of the motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the victim C(the age of 45) who was in the atmosphere of signal at the front, to shock the back part of the Defendant’s vehicle with the front part of the vehicle.

As a result, the Defendant, by occupational negligence, sustained injury to the said victim C, such as light dynaf for about two weeks of medical treatment, and at the same time, destroyed the said rocketing vehicle to be in excess of KRW 2,427,078, such as the exchange of dynafs, and escaped without taking necessary measures, such as stopping, and providing relief to the victims.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was brought forward by the Defendant, as seen above, to avoid vehicles of the said victim C, who escaped while under the influence of alcohol with a blood alcohol concentration of 0.163% and went away from the south-gu Incheon Metropolitan City.

The defendant's negligence that did not properly operate the brake system that is difficult to drive normally due to influence of drinking, caused the driver's vehicle's vehicle's frocco that the victim E (the age of 44) was driving after the driver's vehicle's vehicle.

In the end, it is eventually.

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