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(영문) 광주지방법원 2015.01.29 2014고단2456
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

On April 5, 2014, at around 14:10, the Defendant driven the said car while under the influence of alcohol of 0.118%, and led to driving the said car, leading the road in front of the lusium in the two villages of Gwangju Seo-gu, to the towing support restaurant from the Thonam University Scusus.

Since there is a lot of traffic of the vehicle on the side road, there was a duty of care to accurately operate the steering and steering system of the vehicle and to prevent accidents by safely driving the vehicle in advance.

Nevertheless, under the influence of alcohol, the defendant is under way due to negligence.

In order to pass a car into the right side of the road, the victim D(25 years old) driven by the victim D(25 years old) who was stopped on the right side of the road, and the part behind the right side of the EX car was extracted into the front part of the car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D, such as salt panion, etc., requiring treatment for about two weeks, and suffered injury to the victim F (24 years old) who was on the said X-ray car, due to the need to provide treatment for about two weeks, and at the same time, went away without taking necessary measures, such as immediately stopping the said X-ray car to ensure that its repair cost is equivalent to KRW 401,388, such as the exchange of a panion, etc., and immediately stopping it, and providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Statement on the occurrence of a traffic accident by the police against F;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

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