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(영문) 광주지방법원 2017.06.22 2017고단1556
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by eight 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 March 27, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.059% from blood transfusion around 02:55 on March 27, 2017, and led to the intersection of the tent in the east-ro of Gwangju-gu, Gwangju-gu, to the two-dynamic commercial buildings from the south-gu, Gwangju-gu.

Since there is a signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals, such as reducing speed for the person engaged in driving service and checking the right and the right.

Nevertheless, the Defendant’s negligence, while neglecting this, led to the Defendant’s operation in violation of the signal as seen above, led the Defendant’s operation on the right side from the left side of the Defendant’s running direction to the right side of the victim C(41 ) driving, which was proceeding in accordance with the new code, to the front side of the victim C(41) driving, was shocked into the front part of the Defendant’s driving in front of the car.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt, tensions, etc. in light of the 2 week medical treatment, and at the same time, the repair cost of the car of the above halogaCC was 17,14,600 won to the extent that the above haloga car was damaged and escaped without taking necessary measures, such as immediately stopping the car and providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the occurrence of a traffic accident C;

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

1. A survey report on actual conditions;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

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

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