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(영문) 광주지방법원 2015.05.21 2015고단802
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cysta private taxi.

Around 06:05 on March 3, 2015, the Defendant driven the said vehicle with a blood alcohol concentration of 0.11% and proceeded from the KS Broadcasting Station to light height five-lane roads in front of the coefficient shooting distance in the Seo-gu, Seo-gu, Gwangju, Seo-gu. On the other hand, the Defendant: (a) neglected the vehicle stop signal and continued to run in violation of the signal; (b) obstructed the victim D (66 years old) driving, which is proceeding on the right side in accordance with the signal from the left side of the Roman course to the right side; (c) took the front part of the Defendant’s vehicle; (d) caused the victim to suffer injuries, such as chills and tensions, etc. in need of treatment for approximately two weeks; and (d) at the same time, destroyed the said damaged vehicle to repair expenses, such as fishing exchange, 3,809,798 won, and did not immediately stop or take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to traffic accident reports, photographs related to accidents, reports on the detection of reemployed drivers, reports on circumstantial statements of reemployed drivers, estimates, investigation reports (final blood alcohol concentration of a suspect), and diagnosis reports;

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

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

1. Selection of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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