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(영문) 광주지방법원 2020.09.17 2020고단3170
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and in violation of the Road Traffic Act

On June 3, 2020, the Defendant driven the above vehicle at around 23:20, and proceeded along three lanes from the area of the intersection road in the Seo-gu, Gwangju to the airport from the area of the intersection road.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions, the structure and performance of the motor vehicle, and there was a duty of care to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the Defendant neglected to do so and tried to overtake the victim C(the age of 56) who is driving in the former under the influence of alcohol to the right side of the victim EK5 taxi owned by the victim EK5 taxi owned by the victim C(the age of 56). The Defendant received the Defendant’s vehicle driver’s seat, even after the Defendant’s driver’s seat, and the pent part, etc.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim C to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks, and at the same time, destroyed the repair cost, such as the above taxi driver, etc. to the extent that the amount equivalent to KRW 1,133,178, such as the above taxi driver, and escaped without taking measures, such as stopping and providing relief to the victim.

2. Around 23:20 on June 3, 2020, the Defendant driving a vehicle of 20km-lurged at the section B in the section of about 20km from the influent area where light fluence is under the influence of alcohol by 0.130%, to the fluent parking lot located in 174 U.K. in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate of repair costs;

1. Notification of the results of the drinking driving control;

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