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(영문) 인천지방법원 부천지원 2018.11.01 2018고단2039
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a passenger car with B investment risk, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 1, 2018, the Defendant, while under the influence of alcohol of more than 150 percent in front of the horse shooting distance at the end of the end of 0.177%, operated a speed of about 60km in the direction of a flower in the direction of a flower in the direction of a forest.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by safely examining the right and the right according to road traffic conditions.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to stop the traffic island which is front of the crosswalk, received the victim C (the 16-year-old age), who was waiting for a change in the signal at the traffic island which is front of the crosswalk, in order to build a road by negligence, due to the negligence of breaking the traffic island which is front of the crosswalk.

Ultimately, even if the Defendant suffered injuries, such as salt, tension, etc., in need of approximately two weeks’ medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

2. Defendant 1 driven a motor vehicle with low alcohol content of 0.177% from the 265-gil-hon road to the same Do road, as in the 17-gil-hon city transmission along the temporary border like the above paragraph 1, while driving a motor vehicle with low alcohol content of 0.177% in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of a traffic accident, reports on the occurrence of a traffic accident, photographs of the scene and vehicles, photographs of victim contact parts, and CCTV ethyl photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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