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(영문) 광주지방법원 2013.04.04 2013고단309

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Around 01:00 on December 14, 2012, Defendant A driven a Drocketing car, and turn to the left, one-lane of the three-lane distance in front of the Bank of Korea in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju. Defendant A tried to turn to the left beyond the median line while neglecting the duty of care to safely drive depending on the road conditions and tried to turn to the left at the right from the center. Defendant B (34 years old)’s E-friendly driving of the victim B (34 years old) who was going to the right for viewing from the center line. Defendant A was driven by Defendant B and the victim F (the 22 years old), who was aboard the damaged passenger car, suffered injury, such as catum cat, etc., for each two-day medical treatment, and at the same time, the damaged passenger car was destroyed by the repair cost, 6,883,600 won, and stopped without compensation to the victim.

2. Defendant B driven a motor vehicle E while under the influence of alcohol of not less than 0.05% and less than 0.10% at the above date and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol regarding Defendant B;

1. Statement of the police statement concerning F;

1. Each written diagnosis;

1. A survey report on actual condition, an initial operation report on the scene of a traffic accident, and a photograph of the scene of the accident;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148 and 54 (1) of the Criminal Act (the point of escape after the death or injury caused by occupational negligence) (the point of view after the destruction or damage of property) of the Road Traffic Act: Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant A: Imprisonment with prison labor: Selection of a fine;

1. Defendant A with discretionary mitigation: The Defendant under Articles 53 and 55(1)3 of the Criminal Act is the central line.