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(영문) 광주지방법원 2020.06.18 2020고단1025

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:05 on January 15, 2020, the Defendant driven a C Poter truck under the influence of alcohol content 0.127% from the roads in front of the mutual infinite-dong in Gwangju Northern-gu to the roads in front of Gwangju Northern-gu B, while driving a C Poter truck under the influence of alcohol content 0.127%.

2. On January 15, 2020, the Defendant violated the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Accidents) and the Road Traffic Act (In the case of the Defendant, around January 21, 2020, at around 01:05, while driving the Cpoter cargo vehicle at a four-lane road in front of the E store located in Gwangju Northern-gu, with a blood alcohol concentration of about 0.127%, and changing the course from the four-lane to the one-lane.

At the time, there are nights and places where vehicles are passing about about 60 km per hour, so in such a case, the driver of the motor vehicle has a duty of care to properly manipulate the steering direction and brakes and prevent accidents in advance by properly manipulating the steering direction and brakes at once.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while changing the course from four lanes to one-lane at a time, and received a part of the victim F (the age of 67) who was under normal driving along two lanes depending on the left side of the said cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F (the age of 67) and the victim H (the age of 67) who were on board the said rocketing car due to each two-day medical treatment, and, at the same time, did not immediately stop the said rocketing car and run away without taking necessary measures, such as providing relief to the victims, even if it damages the said rocketing car to the sum of the repairing cost, such as the net board painting, which is equivalent to KRW 72,726.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F (including H statements).

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