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(영문) 인천지방법원 2019.05.15 2012고단8532
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Violation of the Road Traffic Act (Non-accident) are those who are engaged in driving of BF small-scale automobiles.

On July 5, 2012, the Defendant driven the above Soon car on July 22:32, 2012, and led the three-lane road in front of the Seoul Southern-gu, Incheon to the large distance of the bamboo death distance from the old-gu, Nam-gu, Incheon, to the U.S. speed, depending on three-lanes.

At the time, the driver was under duty of care to prevent accidents by accurately operating the steering gear and other devices of the vehicle, and driving the vehicle at a speed or in a way that causes danger and harm to other persons, such as maintaining a proper distance, as the driver of the vehicle was driven by the victim D (the age of 64). In such a case, the driver of the vehicle was obliged to pay a duty of care to prevent accidents by driving the vehicle in a way that the driver could not drive the vehicle at a speed or in a way that impedes other persons.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding while under the influence of alcohol content 0.097%, and received the part following the panion of the above van as the front part of the said car.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, escaped without necessary measures, such as providing relief to the victim, even though the said vans were damaged to the sum of 1,013,199 won, such as the exchange of pans, etc.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a BF lawsuit or other car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the same date and place as stated in Paragraph 1.

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