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(영문) 광주지방법원 2013.07.12 2013고단2088

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving a observer car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), and the Road Traffic Act

On April 25, 2013, the Defendant driven the above vehicle on April 25, 2013, and directed the front three-lane of the school dong-dong in Gwangju at a speed of about 20 kilometers per hour from the south-dong market at the south-do speed of 3 lanes.

At the time, there is an intersection where signal lights are installed at night and at the front of that place, so in such cases, the defendant engaged in driving of the motor vehicle has the duty of care to check whether there is a vehicle waiting for signal by reducing the speed and checking well the front door, and to prevent the accident by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected to drive the D vehicle under the influence of alcohol and neglected to drive it under the influence of normal driving due to the negligence of driving the vehicle in a state where normal driving is difficult as set forth in the following 2.C., which was driven by the victim C (the age of 56) who was under the influence of traffic at the two-lane direction, shocked the back part of the D vehicle in front of the above vehicle of the Defendant.

The Defendant, by negligence in the course of performing such duties, sustained bodily injury as salt, tensions, etc. by the rash that requires treatment for about two weeks, and, at the same time, escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim and dealing with the accident, even though the damaged vehicle was damaged by the 740,868 won.

2. On April 25, 2013, the Defendant: (a) driven the said Section 1(1) vehicle at the distance of about 10 kilometers from the road front of the funeral hall in the Yannam-gun in the Yannam-gun of the Yannam-gun in the condition of drinking alcohol concentration of 0.19%; (b) around 01:45, the Defendant driven the said Section 1(1) vehicle at the distance of about 10 kilometers from the road front of the funeral hall in the Yannam-gun-gun,