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(영문) 광주지방법원 2020.06.11 2020고단1339
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 of a B B B B B B B B B car.

On February 8, 2020, the Defendant driven the said car under the influence of alcohol level of 0.190% on blood alcohol level around 04:45, and proceeded at a speed of about 60 km per hour from the border of Gwangju, along the two-lanes towards the Cridge, at the speed of 30 km between the two-lanes.

In such cases, there was a duty of care to prevent accidents by accurately operating steering the steering and brake system for those engaged in driving of motor vehicles, reporting the traffic situation well, and safely driving the vehicle.

Nevertheless, the Defendant, by negligence while neglecting the influence of alcohol and driving in the same direction, went through one lane by the victim E (the age of 39) who was driving in the same direction, and followed the front door of the F Kaol knife and the front part of the F Kaol knife car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, escaped without any necessary measures, such as providing rescue to the victim, even though the Defendant destroyed the wheel wheel of the said Kanche to make it difficult to repair the wheel, etc. of the said Kanche Corp, etc., and immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Application of the Acts and subordinate statutes to a written diagnosis and damage estimate;

1. Relevant Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, 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 (the point where measures are not taken after the accident);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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