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(영문) 광주지방법원 2018.07.17 2018고단954

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 a cuss car in C.

On January 22, 2018, the Defendant driven the said car under the influence of alcohol level of 0.176% among blood transfusion around 06:10, and led the Defendant to drive the said car under the influence of alcohol level of 0.176% on the street front of the agency distance in Gwangju Mine-gu, using one lane in the direction of the Southern Zone from a new zone to a new zone.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant did not see the front bank properly, and tried to see the back end of the victim F(64) passenger taxi car driving G 5 individual taxi driver's vehicle that stops in the signal signal atmosphere at the bend bank, and due to the shock, this taxi saw the victim H(36) driver's vehicle IK5 passenger car driving in the front bank that this taxi stops in the air traffic signal at the front bank again.

As a result, the Defendant suffered injury to the victims, such as salt ties and tensions, which require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the victimized vehicles were destroyed to have a total amount of KRW 1,816,936 of repair cost, and escaped without immediately stopping the damaged vehicles and taking necessary measures, such as providing relief to the victims at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. A survey report on actual conditions;

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

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

1. Each written diagnosis;

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, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (a point where a person does not take any measure after an accident), and Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime (a point where a person drives drinking).