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(영문) 광주지방법원 2016.12.22 2016고단3868
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle with the highest E motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 30, 2016, around 16:48, the Defendant stated that the blood alcohol concentration of 0.146% without a driver’s license is 0.149%, but according to the statement in the main driver’s report, the Defendant appears to be a clerical error of 0.146%, and thus, the Defendant stated it.

While under the influence of alcohol, the G upper point of G in the F of the Ulsan-gun is proceeding at a speed of about 40km/h in speed from the north to the breadth of the dead side.

At that time, there is a road where the center line of yellow-ray is installed, so a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and went to the north from the breadth of the G upper point of view as it was due to the negligence of the Defendant’s neglecting it, she shocked the victim C (the age of 74) who was faced to the north from the breadth of the death side of the G upper point.

In the end, the Defendant, by the above occupational negligence, did not immediately stop, and escape without taking necessary measures, such as providing relief to the victim, even though the Defendant sustained two or more left-hand clothes, which require treatment of the victim for about six weeks.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) at the time and time set forth in the preceding paragraph, driving the said low-water vehicle under the influence of alcohol content of about 0.146% without a vehicle driver’s license, from approximately 10km section to the saak field restaurant, in front of the dry field restaurant located in the north-west-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the saak saeng No. 3340, 196.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on traffic accidents and a report on actual condition;

1. A medical certificate;

1. The register of driver's licenses;

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