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(영문) 광주지방법원 2017.06.29 2017고단1803
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On April 17, 2017, the Defendant, while under the influence of alcohol level of 0.117% during blood transfusion around 22:20, the Defendant, along with one lane prior to the D cafeteria located in Gwangju Northern-gu, proceeded into the lab market at the lab and the lab on the surface of the D cafeteria located in Gwangju Northern-gu.

In this case, the defendant engaged in driving of a motor vehicle has the duty to safely drive the motor vehicle by checking well the right and the right of the front.

Nevertheless, the Defendant was negligent and negligent in proceeding with the Defendant, and the Defendant was able to receive the part in front of the Defendant’s vehicle following the Defendant’s vehicle with the FK5 driver’s 60 years old driving of the Victim E ( South, South, and 60 years old) which was stopped pursuant to the Marin. 1.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to salt and tensions, etc. in need of approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged vehicle, even though the Defendant, after stopping a traffic accident that leads to a sum of KRW 224,871, a sum of the market value of repairing expenses, such as the pan-spaths after the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes of internal investigation reports (the application of the aforementioned dmark formula);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury) and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act (the point of drinking) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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