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(영문) 광주지방법원 2014.12.04 2014고단3983

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a Chinese citizen who has been permitted to stay from September 20, 201 to September 20, 201, and illegally stays in the Republic of Korea without obtaining permission again, and is engaged in labor.

1. On October 18, 2014, at around 14:30, the Defendant illegally used a motor vehicle owned by the victim, driving the D pressle car owned by the victim C (Nam, 46 years of age) who was parked in the front of the Jin Chang-gun, Go Chang-gun, North Korea, without the victim’s consent, at his/her own discretion, by driving the motor vehicle at a speed of 53 kilometers to the intersection of the front line of the EF task located in the Gwangju Mine-gu, without the victim’s consent.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Vehicles), Violation of the Road Traffic Act (Measures Taken after Accidents), Violation of the Road Traffic Act (Operation without Driver's License) and the Road Traffic Act (Operation without Driver's License) are those engaged in driving of the passenger vehicles as referred to in paragraph (1). On October 18, 2014, the Defendant driven the said vehicle without obtaining a driver's license with blood alcohol concentration of 0.134% in the state of alcohol concentration of 0.5% in the south-dong area of Gwangju Mine-gu, and led the crossing of the Fwork distance in front of the point in front of the Fwork located in Gwangju Mine-gu, Gwangju to two-lanes in the direction of black s

The location is a private-distance intersection where signal lights are installed, and at night, in such a case, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to the driver of the vehicle.

Nevertheless, even if the Defendant neglected alcohol and changed to a stop signal while entering the intersection, the Defendant’s previous part of the front part of the HS-type car driven by the victim G (Nam, 49 years old) who was driven by the straight-line signal from the right side of the Defendant’s running direction to the left side, conflict with the front part of the Defendant’s vehicle and the right door.

Ultimately, the Defendant’s occupational negligence provides approximately two weeks of medical treatment to the victim.