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(영문) 광주지방법원 2017.08.17 2017고단1519
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Gwangju District Court on September 17, 2015, and the judgment became final and conclusive on September 25, 2015.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc.) is a person who is engaged in driving of a motor vehicle with C low-

On April 1, 2017, the Defendant driven the said car under the influence of alcohol without obtaining a driver's license for a motor vehicle on April 1, 2017, and moved the front of the road in Gwangju Northern-gu D to the right direction from the direction of the Park Park.

At the time, it was difficult to view the front side of the Defendant’s driving vehicle at night, and in such a case, the victim was trying to cross the road, and therefore, the driver of the vehicle has a duty of care to prevent the accident by accurately manipulating the steering gear and brake system of the vehicle in advance by properly manipulating the front and rear side.

Nevertheless, the Defendant neglected this and went beyond the floor by taking the victim F (54 years old) who crosses the road due to negligence while under the influence of alcohol.

As a result, the Defendant suffered injury to brain-dead, etc., which requires medical treatment for about two weeks by occupational negligence as above, but did not immediately stop and take necessary measures, such as providing relief to the injured party, and escaped as it is.

2. Violation of the Traffic Act on roads.

A. On April 1, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on April 1, 2017, driven the motor vehicle as set forth in paragraph 1 from the front of the H Child Care Center located in G in Gwangju Northern-gu to the innovation of about 800 meters in the direction of innovation 2 Asia-gu.

B. On April 8, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 06:40 on April 8, 2017, shall start from the roads of the second apartment parking lot of Gwangju Northern-ro 38-ro, Chungcheongnam-gu, Seoul.

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