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(영문) 광주지방법원 2013.09.17 2013고단3344
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

1. A person who is engaged in the driving of B car driving vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On July 5, 2013, at around 21:15, the Defendant, while under the influence of alcohol, 0.172% of blood alcohol concentration, was driven by the Defendant, three-lanes in front of the Heak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stakak Stakak Stakak Stakak-dong, Gwangju, along the direction of Gwangju

Since there was an intersection where signal lights are installed at the front at the time, the driver of the motor vehicle had a duty of care to properly see the front door and to prevent the accident by accurately manipulating the steering and brakes according to the new code.

Nevertheless, under the influence of alcohol, the Defendant got a part of the D1 ton cargo vehicle, which was driven by the victim C (the age of 48) who was in the atmosphere of the signal at the front of the vehicle in which the Defendant is driving, resulting in an injury to the victim, such as salt, tensions, etc., requiring approximately two weeks of treatment, and at the same time, escaped without taking necessary measures to damage the damaged vehicle to cover approximately KRW 359,000 for repair cost.

2. On July 5, 2013, the Defendant driven B knife vehicle from the front of a cafeteria in the middlewest-gu, Seo-gu, Gwangju to the road where the house located in the new bridge located in the new town in Gwangju-gu, Seo-gu, Gwangju, is under the influence of alcohol by 0.172% of blood alcohol concentration on July 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver and a report on internal investigation (calculated as a host driver);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime

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