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(영문) 인천지방법원 2015.05.14 2015고단952
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a BAD car.

Around 00:00 on January 28, 2015, the Defendant driven the above vehicle and proceeded along the four-lanes of the 448 East Cancer, which is a white-ro, Bupyeong-gu, Incheon, Incheon, along the two-lanes of the road in front of the 048 East Cancer.

At the same time, police officers were under drinking control, so in such a case, a person engaged in driving of a motor vehicle was at the duty of care to stop the motor vehicle and respond to the drinking control, and to stop on the front and the right and the right and the right and the right and the prevent the accident in advance.

Nevertheless, in order to avoid drinking control by neglecting this, the Defendant was negligent in changing the vehicle line to a one-lane on his own, and the part on the right-hand corner of the victim C Driving, which was stopped in the same direction at a one-lane, was placed on the back side of the vehicle of the Defendant.

Ultimately, the Defendant did not take necessary measures at the time of the occurrence of a traffic accident, such as immediately stopping and checking the situation of the accident, even though he damages the said victim’s car to be in excess of KRW 2,863,819, such as the exchange of a front-time driver with the foregoing occupational negligence.

2. On the other hand, the Defendant continued to violate the Act on the Aggravated Punishment, etc. of Specific Crimes, at the time and place specified in paragraph 1, caused a traffic accident by the foregoing methods, and the Defendant continued to run the ston from the sloping bridge to the sloping slope.

At that time, there was a crosswalk where signal lights are installed on the front door, so in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, by reducing the speed and checking well the right and the right of the driver.

Nevertheless, the defendant neglected to do so.

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