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(영문) 광주지방법원 순천지원 2013.11.28 2013고단1815
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 small-scale car B.

On May 27, 2013, at around 23:20, the Defendant driven the said car with a blood alcohol concentration of 0.174%, and led the Defendant to drive the said car along one lane in the direction of 307 east from the area of the Hosan Elementary School located in the Schip 304 in the Schip echip cremation.

Since there is an intersection where a signal is installed, there was a duty to observe the signal to a person engaged in driving of a motor vehicle, and to drive another motor vehicle with a duty of care by making the situation well.

Nevertheless, under the influence of alcohol, the Defendant neglected this, and neglected to proceed with a stop signal while disregarding that the vehicle progress signal is a stop signal, and was driven by the victim C(26 years of age) who is driven by normal signal from the right side of the proceeding direction, and received the front wheel part of the vehicle of the Defendant.

Ultimately, the Defendant, by such occupational negligence, caused the victim E (the 30-year old-old) who boarded the victim C and the victim E (the 30-year-old age-old) to suffer injuries, such as salt, tensions, etc. in need of treatment for approximately two weeks, and at the same time, destroyed the said SM5-car to damage the repair cost of KRW 7,747, such as the exchange of a free-line pans, and escaped without taking any measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report;

1. On-site photographs of traffic accidents;

1. A report on detection of a host driver;

1. Written estimate of automobile repair costs and the application of each written diagnosis under statutes;

1. 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, Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime at issue.

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