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(영문) 광주지방법원 목포지원 2015.07.16 2015고단565
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On April 27, 2015, at around 05:43, the Defendant driven the above mix while under the influence of alcohol with 0.150% of blood alcohol concentration, and led to the driving distance in front of the D cafeteria C, which is located in Gepo City C, from the Do office distance away from the Do office distance.

Since there was an intersection with a signal apparatus installed, there was a duty of care to safely proceed to a person engaged in driving of a motor vehicle according to the signal apparatus's instruction.

Nevertheless, the Defendant, by negligence by entering the intersection in contravention of the signal while under the influence of alcohol, went on the right side from the left side of the Defendant’s course to the right side of the victim E (the 58-year-old driver) driving in line with the new line, with the Defendant’s front-hand driver.

As a result, the Defendant suffered injury to the victim E and the victim G (32 years of age) who is the passenger of the said taxi due to the above occupational negligence by causing approximately two-day medical treatment, such as dump, tensions, etc., respectively, and at the same time, the Defendant destroyed the said taxi owned by the victim new transportation company to have an amount equivalent to KRW 1,598,04, and escaped without immediately stopping the said taxi and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A survey report on the actual condition of a traffic accident, an accident site, and photographs of the accident vehicle;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after causing damage and destruction by occupational negligence);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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