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(영문) 광주지방법원 2015.05.12 2015고단439

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

On January 11, 2015, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration, driven a C observer car in the form of alcohol around 18:30%, and continued to run approximately 30 kilometers per hour in Gwangju Metropolitan City at the direction of Seoyang-gu, Seoul Metropolitan City, depending on the two-lanes of the Han Rivergyeonggyeonggsan, an additional two-lanes of the roads in front of the Han Rivergyeonggsan, Seoyang-gu, Seoul Metropolitan City.

In the meantime, the Defendant was negligent in the course of performing duties while neglecting his duty at the front time, and the part of the back part of the victim D(36 years of age) E in the direction of the defendant's driving, which was stopped for the signal waiting at the front of the running direction of the defendant at the time, was the front part of the above options car.

Due to the shock, the victim F (F, 31 years of age), and the victim G (W, 69 years of age) who was on board the victim D and the damaged vehicle suffered around two weeks of medical treatment, such as salt ties and tensions, which require medical treatment, and damaged the back of the damaged vehicle by exchanging the back of the damaged vehicle so that the amount equivalent to KRW 275,00 of the repair cost is damaged, but the vehicle immediately stops and runs away without taking necessary measures such as rescue of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Written statements of D;

1. The application of Acts and subordinate statutes, such as a traffic accident occurrence report, enforcement manual, report on the circumstantial statement of a drinking driver, report on the detection of a drinking driver, investigation report on the detection of a drinking driver, investigation report on the actual condition of a traffic accident, photographs including the scene of a traffic accident, investigation report on the flying distance, written diagnosis, written estimate (Evidence Nos. 1, 3, 4, 5, 6, 8, 9, 16, 17, 18, 19, 21);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 of the Criminal Act: