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(영문) 광주지방법원 순천지원 2018.11.22 2018고단1136

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2011, the Defendant was issued a summary order of KRW 3,50,000 for a fine of KRW 3.5 million for a crime of violating the Road Traffic Act, and on March 11, 2013, for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch, Gwangju District Court issued a summary order of KRW 6 million for a fine of KRW 1,000 for a violation of the Road Traffic Act.

The Defendant is a person who is engaged in driving of Cunst Cargo Vehicles.

On February 28, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on February 18, 2018, was stopped in order to turn back to the reputation straw or right from the edge of the Ordinance, while driving the said motor vehicle while under the influence of 0.114% alcohol level in blood.

At the time, there was a duty of care to prevent accidents in advance by accurately manipulating the brakes, etc. to those driving vehicles who are engaged in driving of motor vehicles, since the victim D(33) driving vehicles were stopped to turn to the left.

Nevertheless, the Defendant neglected this and received the front part of the victim’s vehicle due to the negligence of wrong operation of the brakes, etc. by the Defendant.

The Defendant, by such occupational negligence, sustained injury to salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, escaped without immediately stopping the victim’s vehicle while destroying 500,830 won to repair the vehicle, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition (1) (2);

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger of a motor vehicle;

1. A medical certificate;

1. Written estimate for automobile inspection and maintenance;

1. Each photograph;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order (which is bound to an investigation report (verification of the past record of the same type of crime)) shall be applied by statutes;

1. The Road Traffic Act applicable to criminal facts;