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(영문) 인천지방법원 2015.04.01 2015고단302
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of Churd vehicle.

On December 26, 2014, the Defendant, while under the influence of alcohol of 0.097% of blood alcohol concentration on December 26, 2014, was driving at a speed of about 80km in the speed of 0.097 meters in Incheon Seo-gu, Seo-gu, Incheon, with the distance of full-time death and the distance of Korean history from the area of full-time death to the area of the autopsy industrial complex, at a speed of about 80km in speed.

Since there is a large distance crossing where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant shocked the left-hand side of the victim D(55) driving on the left-hand side from the right-hand side of the proceeding direction due to the negligence of violating and proceeding the signal.

As a result, the Defendant suffered injury to the victim D, such as salt, tension, etc. of the bones of verte, which requires treatment for about two weeks, injury to the victim F F (27 years of age) who boarded on the top of the damaged vehicle, such as salt, tension, etc. requiring treatment for about two weeks, and injury to the victim G (25 years of age) who boarded on the rear seat of the damaged vehicle for about two weeks, including salt, tension, tension, etc., requiring treatment for about two weeks, and escaped without taking measures such as aiding the victims, even though the damaged vehicle was damaged to cover repair costs of KRW 7,930,518.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of F and G;

1. The actual condition survey report, the statement of the actual condition of a drinking driver, and the report on the actual status of a drinking driver;

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 in relation to the pertinent criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after an accident), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of view of driving after an accident).

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