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(영문) 광주지방법원 목포지원 2014.03.27 2013고단1892

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) are those engaged in driving freight vehicles B;

On November 15, 2013, the Defendant driven the above vehicle at a speed of about 20-30 km from the west Village to the direction of school agricultural and industrial complex in the front of the Masan-si, the Masan-si, the school of the Hamyeong-gun, the Defendant proceeded at a speed of about 20-30 km.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to yield the course to another motor vehicle and prevent the accident in advance by driving the motor vehicle where there is a motor vehicle already entering the intersection from another road.

Nevertheless, the defendant neglected to turn to the left as it is, due to the occupational negligence of the defendant's driving vehicle (school agro-industrial complex) which caused the collision from the left side of the driver's vehicle (school agro-industrial complex) to the right side of the victim's driver's vehicle C(42 years old) driving to the front side of the vehicle of the defendant's driving vehicle.

Therefore, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim E (the 49-year old-age), such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment, and suffered injury to the victim E (the 49-year-old) who was on board the head of the damaged vehicle, such as salt pans, tensions, etc., requiring approximately two weeks of medical treatment, and escaped without taking necessary measures, even though the above damaged vehicle damaged its repair cost, such as fishing exchange, etc., in order to reach the amount of KRW 2,190,646.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B with the 1km distance in the section of approximately 1km from the front side of the Cheongsu Village in the Cheongsu-ri in the Hamsan-gun, to the Hamyeong-gun, in a state of under the influence of alcohol by 0.182% of blood alcohol concentration at the time and time as stated in the above paragraph (1).

Summary of Evidence

1. The first time;