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(영문) 광주지방법원 2019.07.11 2018고단2588
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of "2018 Highest 2588" is a person who is engaged in driving B Poter Cargo Vehicles.

On December 25, 2018, the Defendant driven the above cargo vehicle at around 23:50 on 25:25:0, and turned the distance crossing in front of the D Reading room located in Gwangju Northern-gu C from the erost distance room to the E High School.

Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to live well on the right and the right of the motor vehicle and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant, by negligence in contravention of the signal, was driving the Victim F (55 years old) drive to the right side from the left side of the Defendant’s running direction, and was led to the front part of the above cargo driving by the Defendant.

The Defendant, by such occupational negligence, sustained injury to the victim F, such as brain-dead sugar and sculphal salt, which requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as providing relief to the victims, even though the Defendant destroyed and damaged a passenger car owned by the victim H to move out to approximately KRW 5,543,470, such as the exchange of dials.

around June 28, 2018, the Defendant driven K low-speed vehicle with a blood alcohol content of about 0.091% under the influence of alcohol at approximately 50 meters from the 50-meter section from the I Apartment-gu, Seoyang-gu to the roads adjacent to the same J.

Summary of Evidence

"2018 Highest 2588"

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Each written diagnosis and written estimate "2019 high-class 1280";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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, and Article 5-3 (1) of the former Road Traffic Act concerning the crime.

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