(영문) 인천지방법원 부천지원 2014.02.06 2013고단3412

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(영문) 인천지방법원 부천지원 2014.02.06 2013고단3412

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (Non-measures after a disaster) are those engaged in driving of BK5 vehicles. On November 5, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.136% of alcohol concentration in blood, around November 21, 2013, and driven the said vehicle at a speed of about 50 kilometers per hour, one lane from the direction of the mid-gu 1182 U.S., the driving of the said vehicle at a speed of 20km.

At the same time, the center line of the yellow-ray is installed, and at the same time, the victim C was stopped in the signal atmosphere, so there was a duty of care to prevent accidents in advance by putting the driver on the front side and driving on the center without harming the center line.

Nevertheless, the Defendant, while neglecting the above duty of care under the influence of alcohol, went away without any necessary measures, such as providing rescue to the victim, by immediately stopping the vehicle without any damage to approximately KRW 4,008,906 of repair cost, by taking part as a fenced part of the left side of the front left side of the said vehicle due to the occupational negligence of driving the central line, which was caused by the Defendant’s failure to perform the said duty of care.

2. On November 5, 2013, the Defendant, at around 21:08, driven B K5 cars while under the influence of alcohol content of about 0.136% in a section of approximately 500 meters, 0.136%, i.e., blood alcohol level, from the roads near the Nowon-si, Seocheon-si, Seocheon-si, Seocheon-si to the roads near the 1156-si, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report, the site and vehicle photographs, the report on detection of the driver, the circumstantial statement of the driver, and the driving of the driver; and

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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