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(영문) 인천지방법원 2014.08.27 2014고단3804
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 (Doing Vehicles) and the Road Traffic Act (Non-accidenting Measures) are those engaged in driving a liquid speech vehicle C;

On March 2, 2014, at around 17:39, the Defendant driven the said car with a blood alcohol concentration of 0.138% and proceeded with the 4-lane road at a point of 12.4 km away from the Incheon Highway, Incheon, Incheon, with the 3-lane 90 km away from Seoul, while changing the 4-line to the 4-line.

Since the restriction speed of the above expressway is 100 km per hour, and most vehicles are driving at the speed near the above restriction speed, the defendant, who is engaged in driving a vehicle, has a duty of care to change the vehicle vehicle in the next lane by manipulating the direction, etc. at sufficient time prior to the change of the vehicle, and to notify the defendant in advance that he will change the vehicle vehicle in the vehicle on the next lane, and to make the vehicle safe change by taking into account the traffic situation of the front and rear direction.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the vehicle from the fourth line to the fourth line, and was driven by the victim D (the age of 30) who was in the fourth line, and received the front pentel part of the pentel in front of the left side of the vehicle of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence as above, sustained from the victim D and the victim F (the age of 28) who is the passenger, the victim D and the victim F (the age of 28), each two weeks of medical treatment, and at the same time, damaged the above sprink car by a repair cost of KRW 673,487, but escaped without immediately stopping and taking measures such as aiding the victims.

2. The Defendant against the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) continues to exist after causing the said accident at the time and place specified in paragraph (1) and on March 22, 2014.

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