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(영문) 광주지방법원 해남지원 2015.10.29 2015고단83
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving a sports vehicle.

On October 14, 2014, at around 20:20, the Defendant driven the said vehicle under the influence of alcohol content of 0.126% without a car driver’s license, and led to the intersection in front of the emergency room of the F Hospital E located in Jindo-gun, Jindo-gun to the funeral room of a forestry cooperative staff leader at the intersection of the signal center.

At that time, there are nights and places where traffic is not controlled, so a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping, and to drive safely.

Nevertheless, while the Defendant was under the influence of alcohol and was negligent in doing so, the Defendant was placed at the front left-hand part of the Defendant’s vehicle of the Victim G (Nam, 41) driving, which proceeds to the right-hand side of the Defendant’s driving direction, with the front-hand part of the Defendant’s vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim I (ma, 50 years of age) who is a passenger of the aforementioned victim and the above scarn vehicle, by each of approximately two weeks of medical treatment, such as a chest salt, tension, etc., and at the same time, even though the repair cost was damaged by the above scarn vehicle to the degree of KRW 1,462,228, the Defendant did not immediately stop the vehicle and escaped without taking measures such as providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and G;

1. The police statement of K;

1. Some statements made in the police statement concerning G;

1. A medical certificate (G, I);

1. On-site map, on-site photograph, and H quotation;

1. Registers of driver's licenses, chassis, and compulsory insurance coverage (A, D);

1. Hable boxes and video CDs;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drinking drivers, and circumstantial reports on drinking drivers;

1. Investigation reports (the situation, etc. at the time of withdrawal) and detection of suspected victims of internal investigation reports;

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