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(영문) 인천지방법원 2018.12.20 2018고단7979
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 5, 2018, at around 18:30, the Defendant driven the B rocketing car at a 0.233% under the influence of alcohol from the 0.23% of the 249-7 Round-gu, Incheon Bupyeong-gu, B, and driven the four-lanes between the four-lanes of the 4-lanes of the nived distance.

In this case, the driver of the vehicle has a duty of care to ensure the necessary distance to avoid the collision with the preceding vehicle and to accurately manipulate the brakes so as to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving the Defendant C(55) in front of the Defendant’s vehicle.

D Maer-crick cruise cracks into the upper part front of the Defendant’s vehicle’s right side.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, did not immediately stop the damaged vehicle and take necessary measures, such as providing relief to the injured party, even though the damaged vehicle was damaged by the repair cost of KRW 1,701,192.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The report on the occurrence of a traffic accident, the actual condition survey report, the vehicle photograph, the circumstantial statement of the driver with the main driver, the medical certificate, estimates, the ledger of driver's licenses, and the next inquiry;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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