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(영문) 광주지방법원 2016.11.24 2016고단3954
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of a motor vehicle with a hived motor vehicle under the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On May 28, 2016, the Defendant, while driving the said car as a business of alcohol level of 0.093% in the state of alcohol level around 22:50 on May 28, 2016, and driving the said car as a new power plant, found that drinking control is conducted on the front bank in the front bank of Gwangju Mine-gu.

After that, the Defendant left the left at the front of the hospital located in the same Gu C at the flood of the complete elementary school. However, since there was a place where the right-hand is allowed only on the one-way road installed next to the mathy underground vehicle, there was a duty of care to safely drive the vehicle as a person driving the vehicle by accurately examining the road driving conditions.

However, the defendant did not properly examine the conditions of the road driving, and went to the left by negligence while driving ahead of it, and the front part of the FNAS driver car of the victim E(the age of 25) driving was shocked with the front part of the vehicle of the AfNAS driver car.

Ultimately, the Defendant by such negligence sustained injury to the victim E, such as salt, tensions, etc. in need of medical treatment for about two weeks, and, at the same time, escaped without immediately stopping the damaged vehicle in the NAscam so that it can be damaged to fall under KRW 1,172,298, such as the full-scale penalty exchange, and thus, it does not take measures such as providing relief to the victim.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a car without putting the car into the influence of blood alcohol level of 0.093% even after the accident under paragraph (1) and driving the car as it is, at around 23:05 on the same day, a remote village village in the same Gu and apartment complex of 8 complexes.

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