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(영문) 광주지방법원 2013.10.25 2013고단3333
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving of a 6-day cargo vehicle owned by C. Done Star storage.

1. On June 14, 2013, the Defendant was under the influence of alcohol level of 0.101% on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (unclaimed Measures after Accidents) and the Defendant changed the course to the left-hand two-lane of the road running ahead of the National Bank of Korea, which is located in the North-gu Round-dong of Gwangju Metropolitan City, into the third-lane of the Haju Airport in the direction of the welfare center for disabled persons.

At the time, there was a vehicle driven in the above lane, and in such a case, there was a duty of care to change the lane safely so as not to obstruct the passage of other vehicles by checking well before and after the change of the lane to a person engaged in driving a motor vehicle.

Nevertheless, due to the negligence of changing the lane by driving the above vehicle in a situation where normal driving is difficult due to the foregoing, the Defendant shocked the front door of the FF taxi driven by the victim E (the age of 62) in the same direction, and the even door parts after the left side of the above vehicle of the Defendant.

Ultimately, the Defendant caused injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to occupational negligence, and left the vehicle without taking measures to rescue the victim, etc., even though the Defendant destroyed the repair cost equivalent to KRW 678,058 and escaped from the vehicle.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant, while under the influence of alcohol by 0.101% of blood alcohol concentration at a temporary border such as the foregoing paragraph, from the roads front of the Dong-dong Port District located in Gwangju Northern-gu to the roads front of the Dong-dong Port of the National Bank located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecution and the police of E.

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