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(영문) 광주지방법원 2016.08.25 2016고단2060

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a DNA franchise vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

On May 14, 2016, the Defendant driven the above vehicle at around 04:40, and led to a two-lane road in front of the F Mart in Nam-gu, Gwangju, along the two-lane road from the open side to the middle school without a direction.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected to turn to the left at the two-lanes of the front side of the Defendant’s vehicle where the victim G (the age of 55) was driving by negligence, which led to a conflict with the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as bones, bones salt, etc. requiring medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the said car, even if the said car was damaged to the extent of KRW 471,372 as a repair cost, and providing relief to the victim.

2. On the day specified in paragraph (1), the Defendant driven a vehicle described in paragraph (1) while under the influence of alcohol content of about 0.126% from a portion of about 6km to the underground parking lot for apartment buildings, which are located in the Southern-gu Seoul Metropolitan City, through the place of accident described in paragraph (1), from the front of the mutual influence house in the Seo-gu, Seo-gu, Gwangju Metropolitan City to the point of accident described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes on the scene of traffic accidents, such as a survey report on actual condition, a report on detection of a driver in charge of driving, a written diagnosis, written estimate,

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the point of escape after the injury from duty).