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(영문) 광주지방법원 목포지원 2018.06.15 2018고단115
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

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On January 22, 2018, the Defendant driven a cargo vehicle under the influence of alcohol level of 0.174% among the blood alcohol level around 10:30, while driving along a two-lane of the apartment complex of 199 Hoporo-ro 199, the Defendant made a left turn to the left-hand turn from the front side of the bus terminal at the end of the mapt.

At the same time, the driver of the motor vehicle has a duty of care to observe the virtual lane in the intersection and to prevent the accident by making a left turn to the left while complying with the virtual lane in the intersection.

Nevertheless, the Defendant neglected to turn to the left at a two-lane, and entered the two-lanes of the cargo vehicle of the Defendant, and was driven by the victim D who turn to the left at the left one-lane of the cargo vehicle of the Defendant. The Defendant received the front penter of the Estststuna taxi operated by the victim D.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer bodily injury, such as salt, tension, etc., in need of medical treatment of approximately two weeks, and at the same time, did not immediately stop the victim’s taxi while destroying the 1,085,063 won for repair, and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Legal statement of the witness D;

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

1. Statement made by the police against D;

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

1. Notification of the result of drinking control;

1. The scene of the accident, the skin, and the photograph of damaged vehicles;

1. A written diagnosis and written estimate;

1. Application of investigation reports (related to attaching photographs to the boom stuffs images attached to the damaged vehicle) (limited to attaching photographs to the damaged vehicle);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Road Traffic Act concerning criminal facts.

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