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(영문) 광주지방법원 2018.04.19 2018고단307

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2018 Highest 307] The Defendant is a person who is engaged in driving of BM5 car.

On December 19, 2017, the Defendant driven the said car at around 02:50, while driving the said car, and driving the road prior to D in Seo-gu, Seo-gu, Gwangju from the right angle to an elementary school, the Defendant did not proceed in accordance with the new subparagraph, and did not immediately stop or take necessary measures by causing damage to the damaged vehicle by destroying the damaged vehicle to the right side of the victim E (63 years old) driving, which is proceeding to the right side in accordance with the E (63 years old), following the Defendant’s vehicle, thereby moving the part behind the Defendant’s vehicle to the left side, thereby causing the victim E and the passenger of the said taxi (39 years old) to suffer from the injury, such as salt and tension, etc. of the catus requiring treatment for about two weeks, and at the same time, destroying the damaged vehicle to ensure that it 741,324 won, such as the repair cost for the front offender, and immediately stopping the damaged vehicle.

[2018 Highest 1090] On December 18, 2012, the Defendant received a summary order of KRW 1,500,000 from the Gwangju District Court to a fine of KRW 1,50,000 due to a violation of Road Traffic Act (driving), and on December 19, 2014, the Gwangju District Court received a summary order of KRW 5,00,000 due to a violation of Road Traffic Act (driving).

Although the Defendant had violated the provisions of the Road Traffic Act that prohibit drinking on more than two occasions, on March 14, 2018, the Defendant driven BM5 automobiles under the influence of alcohol with approximately 0.138% alcohol level without obtaining a driver’s license in the section of approximately 1km in the front of the road near the south-dong of Gwangju Mine-dong from the influence (hereinafter referred to as the “Seoul Mine-dong”), around 23:40 on March 14, 2018.

Summary of Evidence

[2018 Highest 307]

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2) (2));

1. Each investigation report (the confirmation of the CCTV images for the use of the damaged vehicle booms and CCTV for the control of spirits, and the analysis of H-cafeterias and CCTV inside the I-place.