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(영문) 인천지방법원 2013.10.24 2013고단4225
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 (hereafter referred to as the "Act on the Aggravated Punishment, etc.") and the Road Traffic Act (hereafter referred to as the "Act") are those engaged in driving

On June 19, 2013, the Defendant driven the above car on June 23:35, 2013, and driven the road in front of the agricultural cooperative located in 117-342, Nam-dong, Nam-gu, Incheon, Nam-gu, Incheon, with the direction of the lower distance of 40km from the shooting distance of the west-gu.

At that time, as D taxi driven by the victim C (the 59-year-old) was a customer E (the 32-year-old age), while stopping at the front of the defendant's proceeding direction, the person engaged in driving service had a duty of care to take care of the situation and to check and drive the course safety.

Nevertheless, the Defendant neglected this and immediately stopped the pent portion after the left side of the taxi as it was, and got the pent portion of the Defendant’s driver’s vehicle into front pent part, and got the said victim C to suffer injuries, such as chills, tensions, etc., in need of approximately two weeks of treatment, and suffered injuries to the victim E, who was on the back seat, in need of approximately two weeks of treatment. At the same time, the Defendant did not stop the damaged vehicle so that the amount of KRW 577,408 of repair cost, such as the replacement of back pans, and escaped without taking necessary measures, such as aiding victims.

2. On June 19, 2013, the Defendant was under the influence of alcohol 0.096% on blood alcohol level, and around 23:50, the Defendant driven B Bbeer or car owned by the suspect at the section of about 10km from the place where only 0.096% of alcohol level is situated in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu to the front road at approximately 13:50, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each statement of E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The report on detection of a host driver and the report on circumstantial statements;

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