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(영문) 광주지방법원 2019.03.21 2018고단5288
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 21, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) driving of a DNA car in the state of alcohol alcohol concentration of approximately 2 km from the G parking lot in Gwangju Mine-gu to the roads adjacent to Gwangjubuk-gu C around November 21, 2018.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident) are those who are engaged in driving a DNA car.

On November 21, 2018, the Defendant driven the said car with a blood alcohol level of 0.074% 0.074%, and turned the 37-distance intersection from the north-gu in Gwangju, North-gu, Seoul to the high-speed distance of 37 (stirical street) to the direction of light at about 60km per hour, depending on two lanes towards the direction of light.

At this point, since there was an intersection where signal lights are installed, there was a duty of care to safely drive the signal to the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected to enter the intersection in violation of the red signal and escaped without taking measures, such as destroying the part of the victim F (the 50-year-old 50-year-old G driving)’s front part of the Defendant’s drive G to the right side of the signal to the right side of the Defendant’s left side, resulting in the victim’s injury such as salt, tension, etc. for about two weeks in need of medical treatment, and at the same time, destroying the franchis to the 9,525,740 won of the repair cost of the franchising car to the victim and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and H by the police;

1. A traffic accident report;

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

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to an accident scene photograph and on-site photograph;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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