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(영문) 광주지방법원 순천지원 2016.12.15 2016고단2192

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one hundred and fifty thousand won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a vehicle with C low-speed.

On July 2, 2016, the Defendant driven the said car at a 0.121% alcohol level, while under the influence of alcohol around 20:50 on July 2, 2016, and led to the driving of the said car at a 0.121% of the said car, leading the front-distance intersection of the E, which is located in D in Gyangyang-si, from the side of the secondary apartment, to the middle-ma market at an ins

Since no signal apparatus is installed, there was a duty of care to confirm whether a person engaged in driving service has a cross-vehicles by reducing speed or temporarily suspending the vehicle, and to drive safely.

Nevertheless, the Defendant neglected to do so and went on to the left side of the Defendant’s proceeding direction, and the part on the right side of the GKaren II car driven by the victim F, which was driven by the Defendant, was shocked with the front part of the car driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim H and the victim I, in need of approximately two weeks of medical treatment. At the same time, the Defendant, who was on board the said car II, did not immediately stop to order the victim to take necessary measures, such as providing rescue and relief, while destroying and damaging the repair cost of KRW 2,090,811, such as Lindo exchange.

2. Defendant B, at the time, and at a place under the above paragraph (1) above, driven a vehicle with the above low alcohol level of 0.121% while being drunk by the above A, he was aware of the drinking alcohol level of A and she was on board the vehicle with the knowledge of the drinking alcohol level, and notified A of the traffic accident under the above paragraph (1) after the occurrence of the traffic accident.

As a result, the defendant aided A's drinking driving.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer with F, I, and H;

1. Notification of the control of drinking driving;

1. On-site evidence and photographs;

1. A C low-est car, the investigation report of which is accompanied.