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(영문) 광주지방법원 2018.12.13 2018고단3776
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Domain Prize) driven a motor vehicle of Category C rocketing with the influence of alcohol around August 18:26, 2018, while driving the motor vehicle of the Republic of Korea, the Defendant proceeded ahead of the south coast of the road along the seat of the Nam-gu Seoul Metropolitan City in the south-gu branch of the west meat restaurant.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to keep the upper line from the center of the road.

Nevertheless, the Defendant got off the center line to drive in the direction of the Defendant at the right-hand side of the victim D (35 years old) who followed the Defendant’s right-hand side of the victim D(35 years old) who was faced with the same direction at the right-hand side of the said rocketing car, suffered injury to the victim’s left-hand knee in need of approximately 2 weeks medical treatment, and at the same time, escaped without taking necessary measures, such as immediately stopping to ensure that the above rocketing car repair cost is KRW 420,000,000, and immediately stopping to rescue the damaged person.

2. On August 1, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol by the Defendant, while drinking alcohol at a G cafeteria located in F on August 18, 2018, while driving the said motor vehicle at the G cafeteria and driving the said motor vehicle, as prescribed in paragraph (1) of the said Article; (b) the Defendant was able to drive the motor vehicle while driving the motor vehicle at the G cafeteria located in H at around 18:30 of the same day, by shocking the dice on the first road located in H at H at around 112 of the same day; and (c) the Defendant was dispatched after receiving a report from K during the police box at the police station of the State police station, etc., while driving the motor vehicle while under the influence of alcohol, such as a breathing, walking, snow

Although there are reasonable grounds to determine a person, the phrase “not to comply with the measurement of drinking” is justifiable even if he/she has been requested to respond to the measurement of drinking for about 11 minutes from around 19:15 to around 19:26 of the same day.

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