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(영문) 광주지방법원 2020.06.11 2020고단1316
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On February 12, 2013, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, etc. at the Gwangju District Court on February 12, 2013, and on August 7, 2018, the same court issued a fine of KRW 3 million as a crime of violation of the Road Traffic Act.

On January 16, 2020, at around 03:25, the Defendant driven B rocketing car with blood alcohol concentration of 0.112% without a driver’s license, and proceeded to turn to the left from the right edge of the c elementary school at the 379-ro 83 subordinate office of Gwangju Mine-ro, Kai-ro 379, the lower court.

There have been a duty of care to safely proceed to a person who is engaged in driving of a motor vehicle in accordance with the new code because the traffic control was conducted by the signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to the left-hand turn of the stop head, and was driven by the victim D (V, 60 years old) who was under the influence of the Defendant under the influence of alcohol, with the front-hand part of the driver’s seat of the vehicle of the Defendant.

The Defendant, due to the foregoing occupational negligence, caused the victim to suffer from the following lights and the pelvise in need of approximately two weeks of treatment, and, at the same time, did not take necessary measures in the event of the occurrence of a traffic accident, such as aiding and abetting the damaged vehicle, even though the damaged vehicle was damaged by the repair cost of KRW 815,455.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, while driving a motor vehicle without a driver's license, and escaped without taking measures to prevent the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Investigation report (Attachment of black boxes and images);

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A medical certificate;

1. Written estimate;

1. The register of driver's licenses (the No. 12 of the evidence lists);

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Criminal facts;

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