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(영문) 광주지방법원 2020.10.15 2020고단4380
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 B-to-car.

On April 17, 2020, the Defendant driving the said vehicle while under the influence of alcohol at around 22:25, with a blood alcohol concentration of 0.129%, and drive the said vehicle at a non-speed speed depending on one-lane between the two-lanes in the northwest of Gwangju Mine-gu, with a flowless area from the floodside to the floodside area.

The lane has changed.

In this case, the driver of the motor vehicle has a duty of care to prevent the traffic accident by changing the vehicle line in advance while giving prior notice of the change of course and taking into account the traffic conditions of the front and rear left, by operating the direction light in advance.

Nevertheless, due to the negligence of changing the two-lanes in which normal driving is difficult under the influence of alcohol, the Defendant: (a) caused the victim C (the age of 56) who was driven by one-lane in the same direction to go beyond C by taking the part on the right side part of the Defendant’s vehicle, which was driven by the victim C (the age of 56).

Ultimately, the Defendant, due to the above occupational negligence, caused the victim C to suffer injury to the salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, did not immediately stop the above Orala while destroying the repair cost of KRW 1,212,552, and escaped without taking necessary measures, such as providing rescue to the victim at the site.

The Defendant continued to flee by using one lane and continued to move ahead of the same intersection in the same Do, which is located in the same dong, and followed by changing the two lanes into the two lanes, while driving the two lanes in the same direction, and takes necessary measures to immediately stop and stop the said line with the Defendant’s repair cost of KRW 961,712.

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