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(영문) 광주지방법원 2017.10.24 2017고단3697
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for seven months.

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

Reasons

Punishment of the crime

On July 10, 2017, the Defendant, while under the influence of alcohol 0.125% during blood transfusion around 22:37, under the influence of alcohol, under the influence of alcohol, under the influence of alcohol, under the flow of 0.125%, under the head of Si/Gun/Gu, 1 underground passage of a head of Gu, which is located no. 175-ro 17, a high-speed of Gwangju Mine-gu.

At an elementary school level, the three-lane road in the direction of lux is proceeding at a speed of about 80km in speed depending on the three-lane road.

In such a case, the driver of a motor vehicle had a duty of care to properly operate the steering direction and operation of the steering direction of the motor vehicle. However, the driver of the motor vehicle caused the driver's vehicle of the victim C(57 tax) of the motor vehicle driving in the same direction on the two lanes in the front direction by neglecting his/her duty of care and neglecting his/her duty of care to properly operate the steering direction and operation of the steering system of the motor vehicle.

Thus, the Defendant did not take necessary measures such as immediately stopping and saving the injured party E (n, 49 years old), who boarded with the injured party C by the above occupational negligence, suffered from the injury of the two strings that require two weeks of treatment, such as the impairment of the strings and the strings, which require two weeks of treatment, and at the same time, the said strings car was damaged to the extent that the said strings car was damaged by the repair cost of KRW 3,720,828.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Written estimate;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation report (recalculation of alcohol concentration in blood);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148, 148, and 44(2)2 and 44(1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of flight after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

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