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(영문) 인천지방법원 부천지원 2012.11.29 2012고단1688
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 engaged in driving CNaa-3 Motor Vehicles;

On October 11, 2008, the Defendant driven the above vehicle at around 19:45, and operated the vehicle at about 60 km in the speed of about 250 meters from the vicinity of the driving distance of the original-dong in Orcheon-si to the exclusive road of the original-dong-dong. The Defendant did not obtain a driver's license in the section of about 250 meters, and operated the vehicle with a blood alcohol content of about 0.134% under the influence of alcohol.

At the time, there is an intersection where signal lights are installed at night and at the front, there was a duty of care to prevent accidents by reducing the speed of persons engaged in driving a motor vehicle and driving a motor vehicle in good manner.

Nevertheless, the Defendant neglected this and found it late to stop according to the stop signal of the E-si driven by the victim D on the front side, and received the backer to the right side of the said taxi as the front part of the said car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as fluoral salt in need of treatment for about two weeks, while at the same time, the repair cost of KRW 448,518, such as replacement and maintenance of back panions, destroyed the said taxi and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant was driving the said vehicle as stated in paragraph (1) without obtaining a driver’s license at the time and place specified in paragraph (1), and as stated in paragraph (1), while under the influence of alcohol at 0.134%, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A medical certificate;

1. Written estimate;

1. Each photograph;

1. Registers on the use of drinking meters and the registers of driver's licenses;

1. A traffic accident report, an employment-based driving report, an employment-based driving report, an employment-based status report, and an employment-based survey report;

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