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(영문) 인천지방법원 2015.07.08 2015고단2529
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those who are engaged in driving service of Category C passenger cars.

피고인은 2015. 4. 14. 01:13경 위 차를 운전하여 인천 부평구 마장로 영아사거리를 백마장사거리 방향에서 묏골공원 방향으로 좌회전하게 되었다.

At the same time, there was a blind-distance intersection where signal lights are installed, so the person engaged in driving a motor vehicle has a duty of care to live well on the front side and the left and the right of the motor vehicle and to safely drive the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and received the back part of the front line on the left side of the vehicle of the Defendant, which is driven by the victim D(63 years old) driving on the Defendant from the right-hand turn by the negligence of violating the signal and left-hand turn.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence for about 10 days, and at the same time, did not immediately stop the damaged vehicle so that the amount equivalent to KRW 4,558,907 is damaged to the repair cost of the damaged vehicle, and escaped without taking measures such as providing relief to the victim.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Non-licensed driving) at the same time as paragraph (1) of this Article, without obtaining a driver’s license, in the section of about 5 km from the “Take-ro” located in the Jung-gu Incheon Metropolitan City, to the same place as Paragraph (1) of this Article, driving the said earth and car under the influence of alcohol with a blood alcohol concentration of 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on detection of, and investigation into, a driver, the register of driver's licenses (in the reverse calculation of blood alcohol concentration);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts;

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