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(영문) 광주지방법원 2017.03.30 2016고단5816
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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 a car in the D SP area.

On August 15, 2016, the Defendant driven the said car while under the influence of alcohol of 0.136% in blood, and proceeded at a 240-lane in Seo-gu, Seo-gu, Gwangju, in front of the horse riding track, the Defendant’s 2-lanes of the two-lanes between the two-lanes.

At that time, the Defendant had a duty of care to maintain a reasonable distance and operate safely by checking the side well, as the Defendant followed the FD car of the victim E(58) driving.

Nevertheless, the Defendant did not recognize the fact that a victim E-driving car is carried out by the driver without neglecting such duty of care, and the Defendant did not fully meet the back part of the driver car with the front part of the driver car operated by the Defendant.

As a result, the Defendant suffered from the victim’s negligence in the above occupational negligence the “finites and tensions” requiring approximately two weeks of medical treatment, and at the same time, the Defendant escaped without taking necessary measures even after destroying and damaging the dracks so that the repair cost equivalent to the sum of KRW 1,936,636, including replacement of the back dracker.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Reports and investigation reports on the detection of drivers engaged in the primary business (the application of the said dmark);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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