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(영문) 광주지방법원 2017.09.21 2017고단2444
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On March 14, 2017, the Defendant driven the frighting vehicle under the influence of alcohol level of 0.134% from blood alcohol level on March 14, 2017, while driving the frighting vehicle under the influence of alcohol level of 0.134%, and driving the frighting road of the frighting apartment distance in front of the frighting apartment distance in the Seo-gu Standing Group of Gwangju Metropolitan City along three-lanes, and changed the course to the frighting apartment.

At the time, at night and on the two-lanes of the same direction, the victim D (n, 29 years old) driven by the victim D was in progress, so the defendant engaged in driving of the motor vehicle had a duty of care to look at the right and the right before and after, and to operate the steering and brakes accurately, and to operate the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected to change the course to a two-lane and received the part on the right side of the vehicle driving by the Defendant as the left side of the motor vehicle driving.

Defendant 1 caused injury to the victim, such as salt, tension, etc. in need of approximately two weeks’ treatment due to such occupational negligence, and at the same time, Defendant 1 escaped without any necessary measures, such as immediately stopping the vehicle and providing relief to the injured party, even though he damages the vehicle to be in excess of KRW 942,920, such as the front pentum plate, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Investigation report (the application of the above dmark);

1. A copy of a written estimate for diagnosis, inspection of motor vehicles, and maintenance;

1. Application of Acts and subordinate statutes to photographs, such as a survey report on actual conditions, accident scene, accident vehicle, etc.;

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 occupational injury and injury) regarding criminal facts, Article 148 of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016).

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