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(영문) 인천지방법원 부천지원 2013.06.19 2013고단684
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

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

On March 18, 2013, under the influence of alcohol 0.136% of blood alcohol concentration, the Defendant driven the said car and stopped the shooting distance in front of the Japanese oil station located in the Gampo City Yang-si, Kimpo-si, Yangpo-si, Kimpo-si, in accordance with the new suspension of the front bank while driving the said car at a 0.136% of alcohol concentration.

In such cases, the defendant who is engaged in driving of a motor vehicle has a duty of care to observe the signal and to safely drive the steering and operating the steering gear by accurately operating the steering signal.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of safe driving, such as the front time, and found it late to find that the signal of the front time was changed to the ongoing signal, and caused the three-lane by the operation failure to operate the driving failure, and caused the loss of the injured party C(28 years old) driving with the three-lane, which led to the three-lane of the last time in the course of rapid departure of the said vehicle. As such, the Defendant shocked the Dwing of the injured party C(28 years old) driving with the front left-hand part of the cargo vehicle.

As a result, the Defendant committed an injury to the victim, such as salt, tensions, etc., requiring treatment between two weeks by occupational negligence as above, and, at the same time, did not immediately stop the said cargo to the extent that it damages the repair cost of KRW 484,456 and runs away without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to field photographs when called;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act concerning criminal facts.

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