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(영문) 광주지방법원 목포지원 2015.07.03 2015고단507

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

The defendant is a person who is engaged in driving a B-man car.

At around 07:20 on December 26, 2014, the Defendant: (a) driven the said car with a blood alcohol content of 0.125%; (b) was in the influence of alcohol; (c) was in the course of driving the said car at a university which was set at a brea-gun Green Do, Young-gun, Young-gu, Seoul; (d) was negligent in a breaju-si under the influence of alcohol while driving the car at a university located at a breath seat; and (e) was negligent in failing to properly operate the steering and steering devices; and (e) was in the front of the left-hand part of the victim C(44 years of age) who was parked at the right-hand side of the said car; and (e) the said low-water car was driven in front of the victim’s car (39 years of age) who was stopped at the right-hand side of the said body, and led the victim (39 years of age) to shock the said car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the injured party G (the age of 47) and H (the age of 42) who is the passenger of the injured party C, E, and Shasaw car, respectively, for approximately two weeks of medical treatment, and at the same time, sustained approximately KRW 1,295,886 of the repair cost for the said high-speed car, and escaped without taking necessary measures, such as destroying the said high-speed car to KRW 2,310,845 of the repair cost, and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement of I;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The actual condition survey report;

1. Each written diagnosis (C, E, G, and H);

1. Written estimate;

1. On-site photographs of traffic accidents;

1. Application of the investigative report (CCTV and black image analysis) Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act.