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(영문) 광주지방법원 2017.05.11 2017고단847

특정범죄가중처벌등에관한법률위반(도주치상)등

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The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the business of driving B B b B gapsing vehicles, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the Aggravated Punishment, etc. of Specific Crimes) and in violation of Road Traffic Act (or

On January 16, 2017, the Defendant driven the foregoing vehicle with drinking alcohol and driving it at around 18:30 on January 16, 2017, and led the three-lanes in front of the D Hospital located in Gwangju Northern-gu C, to the same high-priced area and the same booming area.

Since the victim's vehicle was stopped on the front side of the driver's vehicle at the time, the driver's vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering direction and brake system of the vehicle while looking at the front and rear side of the driver's vehicle.

Nevertheless, the Defendant neglected to keep his cell phone and proceed without showing the traffic situation at the front of the Defendant’s vehicle by negligence, and thereby, received the part of the Defendant’s driver’s vehicle following the FK3 car of the victim E (V, 42 years old) driving in front of the Defendant’s vehicle and received the part of the driver’s vehicle in front of the Defendant’s vehicle.

Accordingly, the Defendant suffered injury to the victim, such as chest sule, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant, while destroying the said K3 car so as to cover the repair cost equivalent to the sum of KRW 821,841, such as the spread and exchange, and escaped without immediately stopping and providing relief to the victim.

2. On January 16, 2017, the Defendant driving the said vehicle at a distance of approximately 500 meters from the front day of the mar fishery in the Mandong-gu, Gwangju, without obtaining a driver’s license for a motor vehicle around 18:30 on January 16, 2017 to the front day of the D hospital located in Gwangju Northern-gu, without obtaining a driver’s license for a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written diagnosis and written estimate;

1. A survey report on actual condition and photographs related to accidents;

1. The provisions of the laws and regulations of the Motor Vehicle Driving Authority, the Motor Vehicle Driver's License Register, and the Motor Vehicle Lighting Authority.