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(영문) 광주지방법원 순천지원 2016.09.08 2016고단663
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 of a set of car B.

On March 24, 2016, at around 05:10, the Defendant driven the said car under the influence of alcohol with 0.13% of the blood alcohol concentration 0.13%, and continued to drive the said car at the intersection of the KTT-distance located in the luminous error (China), the immediately preceding two-lane road was driven from the narrow width bank to the red justing hole.

At the time, there was a victim C, a 46-year-old driver's vehicle in the atmosphere of the Defendant's vehicle prior to the Defendant's driver's vehicle, and in such a case, the driver had a duty of care to maintain the safety distance with the preceding vehicle and to operate safely by accurately manipulating the steering direction and operating operation system.

Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to the influence of drinking, and caused the Defendant’s failure to drive the vehicle, thereby falling into the part of the victim’s driver’s vehicle in front of the said vehicle.

Ultimately, even though the Defendant suffered injury, such as brain dead, etc., for two weeks of medical treatment, due to the above occupational negligence, the Defendant escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Investigation report (in relation to the escape of the driver of a traffic accident);

1. A report on internal investigation (the results of CCTV reading at the scene of an accident);

1. Evidence and photographs of the traffic accident scene;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each of the choice of imprisonment.

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