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(영문) 광주지방법원 2015.07.02 2015고단1345
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person engaging in driving service of B automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 4, 2015, the Defendant driven the above vehicle on April 16:50, and driven the D'D' roads in the Gwangju Mine District C, in the direction of the Honam Children Park.

In such a case, despite the duty of care to verify whether a person engaged in driving of a motor vehicle has a pedestrian or not by reducing speed, and to prevent an accident by driving the motor vehicle, even though he/she has a duty of care to prevent the accident by neglecting the duty of care, the defendant escaped without taking measures, such as providing relief to the victim, even though he/she was negligent in neglecting the duty of care to prevent the accident.

2. On April 4, 2015, from around 16:50 to around 17:55 the same day, the Defendant driven the said car under the influence of alcohol concentration of about 0.244% in a section of about 1k alcohol level from the front of the erobial office located at the center of the monthly valley in the Gwangju Mine-gu to the front of the monthly valley market in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A medical certificate;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1)1 of the Criminal Act:

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