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(영문) 인천지방법원 부천지원 2014.01.23 2013고단3534
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) is a person engaging in driving a rocketing car;

On November 30, 2013, the Defendant driven the above car at around 23:10, and came to turn to the lower right from the lower right side to the right side of the Kimpo-si located in Kimpo-si, and continued to turn to the right from the lower right side of the Kimpo-si.

At the time, the victim C was at night and at the same right shoulder, so there was a duty of care to prevent the accident by safely checking the front left door for the defendant engaged in driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so and received the left part of the victim's left part of the car as the right-hand part of the car.

In the end, the Defendant, due to the above occupational negligence, sustained injury on the left side of the upper 11 weeks of medical treatment, but did not immediately stop and run away without taking necessary measures, such as aiding the victim.

2. Violation of the Road Traffic Act (Refusal of the measurement of alcoholic beverages) The Defendant is driving the said motor vehicle in the front way of the Jinpo-si Finding Mapo-si, Kimpo-si between November 30, 2013 and December 23:49 of the same day while drinking alcohol.

As seen above, it was discovered while the accident was escaped, and there was considerable reason to recognize that the defendant was driven under the influence of alcohol, such as smelling and smelling on the face, etc. from the superintendent D of the traffic control division of the Kimpo Police Station, and thus, it was demanded that the driver comply with the drinking test by inserting the whole in a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant's words and actions such as "to measure the telephone to the end, to report the urine, and to have the tobacco on board", and to avoid this.

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