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(영문) 광주지방법원 2020.07.23 2020고단2106
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On April 7, 2020, at around 03:22, the Defendant driven the said car with a blood alcohol concentration of 0.153% 0.15%, and led the white-ro road located in the white movement in the Southern-gu Seoul metropolitan area to drive the white-ro road in the south-gu, Gwangju at a non-speed speed depending on the two-lanes of the two-lanes from the south Gwangju metropolitan area.

At the time, at night and at the front of the defendant's moving direction, other vehicles are in progress, so there was a duty of care to take care of the driver of the motor vehicle in order to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, as seen above, the Defendant was negligent in driving while under the influence of alcohol, and was negligent in driving along the two-lanes of the above road at the front direction of the Defendant, and the part of the victim C(25 years old) driving, which was driving along the two-lanes of the above road, was in front of the left end of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim to suffer injuries, such as salt panions, etc. in need of treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as immediately stopping the said SM3 car owned by the victim E so that it can be damaged to have an amount equivalent to KRW 4,551,302, such as the exchange of a crime spread, and then to confirm the damage caused by immediately stopping.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate for automatic inspection and maintenance; and

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

1. Application of the Acts and subordinate statutes to a photograph of a damaged vehicle boom fluor photograph and a fluor photograph of a fluore vehicle fluor photograph;

1. Injury resulting from the escape under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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