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(영문) 광주지방법원 2020.10.22 2020고단3997

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. The Defendant is a person who is engaged in driving a motor vehicle with a hived motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (hereinafter “Aggravated Punishment”).

On June 7, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.134% with blood alcohol level around 02:15, and led to the turn left by driving the said vehicle at the intersection of the shooting distance in front of the Gwangju Mine-gu, Gwangju Metropolitan City at the seat of D University from the military hospital to the seat of D University at the military hospital.

There are two-lanes and two-lanes to turn left, so there was a duty of care to see the front side and to prevent the occurrence of a traffic accident with another vehicle at the time of left turn by using the steering system as appropriate.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence to neglect the duty of the front line, and the left turn to the left at the two-lane intersection of the said shooting distance (the 33-year-old driver’s left-hand and the pent part of the FIsttoon car of the victim E (the 33-year-old driver’s license) and the pent part in front of the right-hand part

Ultimately, due to the above occupational negligence, the Defendant: (a) caused the victim E to inflict an injury on the base and tension of the horse that requires approximately two weeks of treatment; (b) caused the victim G (39 years of age) who is the passenger of the said rocketing car to suffer an injury to the base and tension of the string that requires approximately two weeks of treatment; and (c) at the same time, destroyed the said rocketing car to the extent of KRW 1,284,429 of its repair cost; and (d) did not immediately stop the said car to the extent that it does not take necessary measures, such as providing relief to the victim.

2. The Defendant, while under the influence of alcohol with the above temporary light alcohol level of 0.134%, was at least 3 km from the roads in front of the mutual influence of the high-tech district in Gwangju Mine-gu to the front of the previous C apartment distance intersection.