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(영문) 인천지방법원 부천지원 2015.01.27 2014고단3131
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 a car in Coinado sports car.

On November 1, 2014, at around 20:50, the Defendant, while under the influence of alcohol at 0.253% of the blood alcohol concentration in the three-lane roads near the C cafeteria in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant proceeded at an insular speed according to three-lanes from the tide room to the Kimpo-si.

At night, the Defendant was at night, and the Defendant had a duty of care to safely manipulate the steering and operating the steering gear in the same direction, since the Defendant was behind the Franzer car driven by the victim E (n, 55 years old). As such, the Defendant had a duty of care to live well, maintain the safety distance, and safely manipulate the steering and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was found to stop the car prior to the driving of the car in close vicinity to the above franchise by negligence, and was found to be late due to the stop signal, and the Defendant was found to have received the back part of the franchise vehicle due to the front-hander of the car driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about 20 days, and at the same time, the repair cost, such as the exchange of back panions, destroyed the 359,058 won to the extent that the 359,058 won was damaged, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. Application of Acts and subordinate statutes to reports on detection of drivers, written diagnosis, and written estimates;

1. Driving under 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.

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