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(영문) 인천지방법원 2014.11.13 2014고단6703
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On September 3, 2014, at around 02:25, the Defendant, while under the influence of 0.226% of blood alcohol concentration without a car driver’s license, proceeded two lanes of the 5-lane road in the direction of the Safety Center of the 119 Safety Center of the 119 Man-dong-dong, the speed of 40 kilometers per hour in the direction of the 40-lane market entry.

At the time, it is night and its location is installed with the center line of yellow-ray, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the wheel line.

Nevertheless, the Defendant neglected to do so and went to the left at the opposite line of the Defendant’s running lane due to the negligence of the Defendant’s being driven by the center line while under the influence of alcohol, and received the part of the victim C(55 years old) driving prior to the left-hand of the taxi in the Defendant’s driving.

As a result, the Defendant suffered from a scopic scopic scopic scopical scopical scopher, which requires approximately two weeks of treatment by occupational negligence, and at the same time, escaped without taking necessary measures even after destroying damaged vehicles to cover the repair cost of KRW 1,095,40.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, photographs of a harming vehicle, a report on actual condition investigation, and a report on an investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a criminal investigation report (receiving a victim's diagnosis report and written estimate);

1. A driving under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148, 148-2 (2) 1, and 44 (1) of the Road Traffic Act.

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