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(영문) 광주지방법원 2017.07.25 2017고단2127

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of 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 of a passenger car in Crails.

On April 29, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.179% during blood transfusions on April 14:30, 2017, and led to the change of the lane by driving the above vehicle at a level of 0.179%, which is located in 763 (non-children) as northwest of Gwangju Mine-gu, at the lower end of Busan, the lower end of the low end of the low end of the city at a level of about 30 km from three lanes in the high end of the city, using three lanes in the high end of the city.

In such cases, when it is likely to obstruct the normal traffic of all vehicles running in the direction of changing lanes, the driver of the motor vehicle shall not change course, and the driver has a duty of care to safely change the direction light in advance to prevent accidents.

Nevertheless, the Defendant, while neglecting the influence of alcohol and changing the lane into a two-lane, was negligent in changing the lane to a two-lane, and the part on which the Defendant loaded is shocked with the top of the steering vehicle, which is driven by the victim D (40 ) of the same direction, and the part on which the Defendant loaded the vehicle, following the top of the truck.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, and, at the same time, escaped without taking necessary measures, such as providing relief to the damaged party by immediately stopping the vehicle, even though the Defendant damaged the damaged vehicle’s repair cost equivalent to KRW 425,728, such as using compliance lamps.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

1. A medical certificate;

1. Written estimate;

1. Application of the investigation report (the application of the above dmark formula) statute;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.