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(영문) 인천지방법원 2017.09.06 2017고단4435
특정범죄가중처벌등에관한법률위반(도주치상)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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On April 22, 2017, the Defendant was under the influence of alcohol content 0.135% during blood transfusions on April 19:50, in order to drive the said vehicle and turn to the left in the direction of the straight distance from the direction of the linkage between the south-gu Incheon Metropolitan Government C.

At the time, the defendant's right of care to accurately manipulate the brake system to prevent the accident in advance, since the victim D(46) rocketing vehicles were stopped, the driver of the motor vehicle had the duty of care to prevent the accident in advance.

Nevertheless, the defendant neglected this and received the front part of the victim's vehicle from the rear part of the defendant's vehicle by leaving the vehicle behind the defendant's vehicle, and continued it as is, and received the rear part of the victim's Gunst Driving's Gunst Vehicle from the same uniform road into the front part of the defendant's vehicle.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim D, such as salt and tensions in the front line of the border that requires approximately two weeks of treatment to the victim D, and the victim F, caused injury to the victim F, such as scam base, which requires approximately two weeks of treatment. The victim D’s repair cost, and 776,266 won, and 785,000 won in the estimate of repair of the victim F’s vehicle after the victim F’s vehicle was damaged to repair costless, but the Defendant immediately stopped the vehicle and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Written statements of D;

1. Application of the 112 Report Processing List, each photograph, the report of traffic accident, the statement of the situation of the driver at the main place of business, each medical certificate, and each written estimate to the extent prescribed in the relevant Acts and subordinate statutes;

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes is about the crime: After the accident under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54(1) of the Road Traffic Act.

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