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(영문) 광주지방법원 목포지원 2018.09.07 2018고단516

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and violates the Road Traffic Act (after an accident) and is engaged in driving of automobiles by borrowing B.

On May 21, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.165% among blood transfusion 08:10 on May 21, 2018, and driven the road of four-lanes in front of the East Asian apartment 9 complex in front of the Dongposi-si, Suposi-si.

In such cases, when a person engaged in driving service well sees the right and the left and right, accurately operates the steering gear and brakes, and there is a vehicle that has given notice of change of course by giving an instruction of change of course to a normal direction in the front section, he/she has a duty of care to yield the course to the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and led the victim C(50) (50) who moved the course from the three-lane to the two-lanes due to the negligence of the Defendant’s failure, and moved the part behind the driver’s seat of the Defendant’s vehicle in front of the driver’s seat of the Defendant’s vehicle. The Defendant continued to keep the vehicle in the left-hand side and continued to run on the first lane by the victim E (67 years old) who driven on the first lane, and 31 ton of the cargo vehicle in the direction of the Defendant’s driver’s seat.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, the victim G (V, 19 years old), and the victim E, respectively, to the victim for approximately two weeks of medical treatment. At the same time, D’s franchise, thereby damaging the car in an amount equivalent to KRW 5,475,737, and F’s 31 ton of freight in an amount equivalent to KRW 1,430,000 for repairing the car, and escape without taking measures, such as aiding the damaged person.

2. On May 21, 2018, the Defendant violated the Road Traffic Act (driving) with alcohol concentration 0.0.00