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(영문) 광주지방법원 목포지원 2018.03.23 2017고단1400
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and a person who violates the Road Traffic Act (hereinafter referred to as a "measures after an accident") is engaged in the driving of a sports vehicle

On July 30, 2017, the Defendant driven the said car under the influence of alcohol level of 0.115% among blood transfusions on July 30, 2017, and proceeded two-lanes from the 33-lane e.g., the e., the e., the e., the e.g., the e., the e., the e., the e., the e., the e., the e., the e.

At the time, it was relatively difficult to protect the surrounding area with a new wall, so there was a duty of care to thoroughly see the front side, observe the safety distance, and accurately manipulate the brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s vehicle following the victim C Driving D, which was parked for a signal waiting at the front section by negligence while neglecting this, and received the part of the Defendant’s vehicle front section.

The Defendant, by such occupational negligence, caused the victim C and the same passenger E to suffer from the injury of the catum fat, etc. in need of medical treatment for approximately two weeks, and at the same time, the Defendant, even though the said car was damaged by the repair cost of KRW 6,237,247, did not immediately stop, and escaped without taking measures such as providing relief to the injured party.

2. On July 30, 2017, the Defendant driven a B-hurged sports vehicle under the influence of alcohol concentration of about 0.15% in the 3km section from the road of peace plaza, which is in the way of the original form at the time of a timbering around 03:10 on July 30, 2017, to the place specified in paragraph (1) 1 on the same day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A traffic accident report (1) a actual survey report;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis and estimate of damaged vehicles;

1. On-sites and photographs of the accident scene;

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