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(영문) 광주지방법원 2016.04.07 2015고단3747
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of C NewD car.

On August 20, 2015, the Defendant driven the said car under the influence of alcohol level of 0.156% among blood transfusions on August 18:35, 2015, and led to a two-lane road in front of the 207-west-ro west-ro, Gwangju Northern apartment, which is located under the northwest-gu, Gwangju, along the two-lanes toward the modern hospital from the edge of the expressway.

At the same time, there was a need for the driver to maintain the safety distance, properly see the steering direction and operation system, and prevent the accident by accurately manipulating the steering direction and operation system. In such a case, the driver has a duty of care to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was able to find a stop of the above K5 passenger vehicles due to negligence, and immediately find it in order to avoid this, but the Defendant’s vehicle was broomd into a broom, resulting in the Defendant’s failure to take such measures, and received the back broom of the above K5 passenger vehicles.

Ultimately, the Defendant, by the above occupational negligence, sustained from the victim D and the victim F (23 tax) who was a passenger with the above K5 passenger car, each of which requires approximately two weeks medical treatment, and at the same time, did not immediately stop the above K5 car to take necessary measures, such as providing rescue to the victim F (23).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the relevant Acts and subordinate statutes to a survey report on actual condition, a report on the detection of a driver at the main place, a report on the circumstantial situation of the driver at the main place, a written diagnosis, a quotation,

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury to each duty), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident), and Road Traffic Act concerning the crime.

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