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(영문) 광주지방법원 2016.12.08 2016고단3790
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving a CK3 vehicle;

On August 14, 2016, the Defendant driven the above vehicle while under the influence of 0.123% of blood alcohol concentration around 05:00, and proceeded with the three-lane road in the Seo-gu, Gwangju Metropolitan City along the two-lane from the direction of the department of Gwangju Western Police station to the Standing Peace Park, and changed the course into one-lane.

In such cases, a person engaged in driving service shall not change course when it is likely to obstruct normal traffic of other vehicles running in the direction to change course, and he/she has a duty of care to safely change course by giving prior notice of change of course due to the time of direction, etc. and by properly examining the future and rear left.

Nevertheless, the defendant neglected this and thereby changed the course to a single lane as it was, and instead the victim F (20 years old) driver's Gran-do driving, which was proceeding along a single lane, received the front side part of the passenger's car in front of the left side of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the car to ensure that approximately KRW 2,362,342 of the repair cost is damaged, and without taking necessary measures, such as providing relief to the victim.

2. On the date and time set forth in paragraph (1), the Defendant driving a 3-car as described in paragraph (1) in the state of alcohol alcohol concentration of approximately 0.123% from the parking lot of the 5/18 Memorial Culture Center located in the Seo-gu, Seo-gu, Gwangju to the coefficient elementary school located in the Seo-gu, Seo-gu, Gwangju to the 2.5km parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and H.

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