beta
(영문) 광주지방법원 순천지원 2013.06.26 2013고단83

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

"2013 Highest 83"

1. Around 07:00 on December 29, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dogju) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) driven a Cchier car and led the two-lane road in front of the secondary apartment commercial buildings in Gwangjuyang-si, Gwangju-si, the two-lane road in front of the Jungyang-si

At the time, there was a duty of care to look well at the front left, and to safely drive the car in order to protect the car line as the driver is engaged in driving because the vehicle has a large traffic volume due to the attendance time.

Nevertheless, the Defendant neglected this and led the Defendant to the front part of the Defendant’s car left side of the driver’s vehicle of the victim D(35 years old) who was parked on two-lanes of the mast, due to the negligence in the course of duty, driving beyond the vehicle line without due care, and shocked the front part of the Defendant’s car.

The Defendant, by such occupational negligence, sustained injury to the victim D, such as brain-dead sugars requiring treatment for about two weeks, and at the same time, destroyed the said victim’s car so as to have an amount equivalent to KRW 669,676, such as spawn spathing, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

"2013 Highest 794"

2. On April 5, 2013, at around 01:30 on April 5, 2013, the Defendant driven a clock vehicle under the influence of alcohol concentration of 0.164% without a vehicle driver’s license from the section of about 60km-si to the south Sea Highway (branch point 72.5km-gu) located in the Jinju-si, Jinju-si, Jungyang-si, Seoul Special Metropolitan City, up to 02:38 on the same day, the Defendant driven a clock vehicle without a vehicle driver’s license.

Summary of Evidence

"2013 Highest 83"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1), (2);

1. A written diagnosis and written estimate "2013, 794";

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of the Acts and subordinate statutes on the car driving license register;