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(영문) 광주지방법원 2015.08.20 2015고단1994

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving duties of fJF 124C 124C, without registration, in violation of the Road Traffic Act (not after-accident) and the Road Traffic Act (not after-accident).

On May 5, 2015, the Defendant, while under the influence of alcohol 01:45, driven the above Oral Sea with a blood alcohol content of 0.120% 0.120%, driven the said Oral Sea, and driven the three-lane road in front of the “D Language Institute” located in Gwangju Northern-gu C, along a one-lane from the later side of the “Seoul National University” to the “Hamamam Embs” frame.

In such cases, there was a duty of care to safely proceed by checking the front side and the left and right of the driver of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant did not discover a F-si in the victim E (age 64) waiting in the front bank of the Defendant, while neglecting this, and received the front right part of the above O-si.

The Defendant, by occupational negligence, destroyed the above-mentioned taxi to have a considerable amount of KRW 708,377,00 for repair expenses, but stopped immediately and escaped without taking necessary measures after the accident.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1 as above, operated the Non-registered VJF 124cc Oral Ba, which was not covered by mandatory insurance on the road.

3. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) was driving a stoba as mentioned in paragraph (1) at the time and place, and escaped without any particular measure even after having taken the F-si of the said victim’s E driving. The victim, who was on the back of the stoba, was aware of such fact, would have 70 meters away from the victim’s stoba with a view to spreading the victim.