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(영문) 인천지방법원 2015.11.04 2015고단5716
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

The defendant is a person who is engaged in driving of a C observer car.

On August 6, 2015, the Defendant driven the said car while under the influence of alcohol of 0.212% of blood alcohol concentration on August 6, 2015, and led the three-lanes of the other four-lanes in the new copy distance from the direction of the Bupyeong-gu in Incheon Bupyeong-gu, 585-19.

At the time, there are vehicles stopping in accordance with traffic signals at night and on the front door, so in such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to care in preventing accidents by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop the vehicle and went away without taking necessary measures, such as aiding the victim by immediately stopping the vehicle in excess of KRW 18,935,560, while taking the part behind the right part of the EMW 520D car driven by the victim D (the age of 56) who is in the atmosphere of the signal while driving, and taking the part behind the right part of the vehicle in front of the vehicle driving by the Defendant, thereby taking about about two weeks of treatment for the victim. At the same time, the Defendant: (a) destroyed the victim’s BMW 520D car in order to repair it; and (b) did not immediately stop it to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on actions taken against an employer, and circumstantial statement of an employer, of an employer;

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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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