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(영문) 광주지방법원 2017.08.17 2017고단2738
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

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the Road Traffic Act (Egress after accidents).

On May 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.108% among blood transfusions on May 23:37, 2017, and led to the passage of the 3-lane 3-lane her front line to the intersection of the shooting distance within the Naju-si lake at the Naju-si, along with two-lanes of speed 30km from the 1st apartment bank at the bottom of the apartment.

At the time, it was difficult at night, and there was an intersection with a red-off signal at which it was installed, so in such a case, a person engaged in driving duties of the motor vehicle has a duty of care to take care of the other motor vehicle's driving situation after temporarily stopping on the stop line or crosswalk.

Nevertheless, the Defendant neglected this and proceeded as it was in a state where normal driving is impossible due to the influence of drinking, and the Defendant was negligent in driving the malma course in a state where normal driving is impossible due to the influence of drinking, and the front part of the DK3 car driven by the victim C (W, 38 years old) who is driving from the apartment room of the apartment house in accordance with yellow on-and-off signals was driven by the victim C(W520 years old).

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as a dysium, salt, etc. which requires treatment for about two weeks, and at the same time, did not immediately stop the said K3-car so that it can be damaged by the repair cost of KRW 1,465,880, and does not take necessary measures, such as providing relief to the damaged party.

2. On May 4, 2017, the Defendant violated the Road Traffic Act (drinking driving) from the front of a viewing place located on one-way string day at the time of go through the intersection of the shooting distance at the time of go through the intersection of the sight box at the time of go through the intersection of the sight box at the time of go. The Defendant is going to the front road of the children’s center in the sight area.

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