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(영문) 광주지방법원 2015.09.24 2015고단1709
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS5 car.

1. On April 4, 2015, the Defendant driven the said vehicle from the 5th anniversary of the Seo-gu Standing Democratic City, Seo-gu, Seo-gu, Seo-gu, 18 Memorial Park to the front side of the New Abuse School, in a state of under the influence of alcohol by around 01:15 to 0.159% of alcohol level.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (Aggravated Punishment, etc.) driving the said vehicle under the influence of alcohol level of 0.159% on the date and time set forth in paragraph (1), and driving the said vehicle at a speed of about 60km/h of speed at a speed of about 40km/h of speed from the direction of the new abuse school to the direction of the regular business market at Honamnam University, Seo-gu, Gwangju.

In such cases, the driver has a duty of care to properly see the front and the left and accurately manipulate the steering and brakes to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected to drive under the influence of alcohol and neglected to do so while driving under the influence of alcohol, and due to negligence, the Defendant was driven by the victim C(34 years of age) who was driving ahead of the same direction in the same direction, and received the part on the right-hand side of the Defendant’s driving vehicle.

As a result, the Defendant caused the above victim’s injury, such as an unknown shoulder and the damage of the arms that require treatment for about two weeks by occupational negligence, and the victim E (the 36-year-old age), who is the passenger of the victimized vehicle, by taking approximately two weeks of medical treatment, and at the same time, went away from the scene without taking necessary measures such as aiding and abetting the said damaged vehicle to their repair cost of KRW 2,753,606.

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