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(영문) 광주지방법원 2019.05.23 2019고단505
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 22, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Incheon District Court for a violation of the Road Traffic Act (driving) and KRW 6 million by the same court on January 18, 2017.

【Criminal Facts】

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On July 24, 2018, at around 19:20, the Defendant driving the above cargo without obtaining a driver's license with a blood alcohol level of 0.080%, while under the influence of alcohol, and led the Defendant to proceed from C to D, a three-distance of litigation under the white age of Incheon Vindication-gun.

Since the victim E (the 43-year old) was getting on a bicycle, there was a duty of care to prevent accidents by putting the front and rear left, accurately manipulating the steering gear and brakes, thereby maintaining bicycle and safety distance.

Nevertheless, while drunkly proceeding without obtaining a driver's license, the Defendant got the victim's left shoulder part on the left side of the above cargo vehicle and got the victim to suffer bodily injury, such as the left pelke, which requires a medical treatment for about 12 weeks, and at the same time, destroyed the above bicycle, which is the victim's possession, and escaped without taking necessary measures.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to E by the police;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. A medical certificate;

1. Previous convictions: Application of respective Acts and subordinate statutes;

1. After the damage under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime.

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