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(영문) 광주지방법원 순천지원 2016.02.15 2015고단1783
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On February 24, 2009, the Defendant was sentenced to a fine of KRW 2.5 million on the grounds of a violation of the Road Traffic Act (dacting driving), etc. in the support for Suwon Frigwon, and a fine of KRW 4 million on October 7, 2010 on the grounds of the same crime in the support for Sungnam Frigwon, which was sentenced to a fine of KRW 4 million on the same day.

[Criminal facts] The Defendant is a person engaging in driving a Dtra XG car.

On July 14, 2015, the Defendant driven the said car under the influence of alcohol level of 0.143% from blood alcohol level around 22:30 on July 14, 2015, and led to a two-lane road in front of the Taecheon-si Pung-dong in the pung-dong in the net Pung-si in order to drive the said car at a speed of about 30km/h of speed in the direction of the Namsan middle school in the direction of this line.

On the front of that place, there was a long distance intersection where signal lights are installed, so there was a duty of care to properly see the signal to a person engaged in driving of a motor vehicle and to check whether there is a vehicle stopping accordingly and prevent the accident.

Nevertheless, the Defendant did not discover the FK5 car of the injured party E (28 Doe) who was standing in accordance with the new subparagraph at the front section of the Defendant's vehicle due to negligence while neglecting this, but did not discover the FK5 car at the front section of the Defendant's car, and received the right side part of the victim's car at the front section of the left side of the Defendant's car.

As a result, the Defendant suffered injury to the Victim E and the damaged vehicle G (V, 24 years old), respectively, in light of the following: (a) at the same time, the Defendant destroyed the said K5 vehicle by causing damage to KRW 2,579,248 in the aggregate of repair costs, such as back criminals, and escaped without immediately stopping the said vehicle; and (b) did not take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, G, and H;

1. A report on the occurrence of a traffic accident (1 deemed), a survey report on the actual condition of a traffic accident, and evidence and photographs of the scene of a traffic accident;

1. Notification of the results of the drinking control, and inquiry of the results of the drinking control;

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