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(영문) 광주지방법원 2017.01.19 2016고단4201

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a PP car.

On July 14, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.170% among blood transfusions on July 14, 2016, and changed the course to one lane among the three-lanes in the polar mine area in Gwangju.

At that time, the Defendant changed the two lanes into one lane from the victim D(70) driving to the other while following the two lanes, and changed the said rocketing and other vehicles operated earlier to the same one lane. In such a case, a person engaged in driving service has a duty of care to operate the vehicle safely after maintaining an appropriate distance and keeping the front section well.

Nevertheless, the Defendant neglected such duty of care and changed the same into a single lane, and the report was submitted to the Defendant that the said rocketing car will enter the same lane prior to the change into the first lane, which led to the Defendant’s failure to keep the center line running at a speed and going as it is, thereby making the Defendant’s left side of the front right side of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim D, such as “a chlostal salt and tension,” which requires approximately two weeks of treatment on the part of the victim F, a passenger of the said rocketing car, on the part of the victim F, who is the passenger of the said rocketing car, suffered from the injury of the victim F, who is the passenger of the said rocketing car, for about two weeks of treatment, and at the same time, escaped without taking necessary measures, such as destroying the said rocketing car to take a repair cost of KRW 935,504 and aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A traffic accident report, a state driver’s circumstantial statement report, a response to a request for appraisal, an investigation report (the results of the application of the aforementioned dmark), each diagnosis report, estimate, and traffic accident-related laws and regulations.