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(영문) 광주지방법원 2016.05.19 2016고단858
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The defendant is a person who is engaged in driving service of a motor vehicle from which he/she is detached from C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and Road Traffic Act

On February 16, 2016, the Defendant driven the said passenger vehicle under the influence of alcohol level of 0.075% from blood alcohol level around 20:11, and driven the roads of three lanes in front of the E real estate in the south real estate D located in the Southern-gun of the Republic of Korea at a speed that would not be known one lane in the direction of the relevant sub-lease hospital in the direction of the relevant sub-lease hospital.

At night, the driver of the motor vehicle had a duty of care to safely drive the steering gear and brakes by thoroughly operating the steering gear and brakes throughout the front hour.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the brake system in a breath part of the front part of the said passenger vehicle, which was driven by the victim F (V, 53 years old) who was parked in the front line of the said passenger vehicle under the cross-road line from the front line of the Defendant, and received a part behind the G carren passenger car driven by the Defendant.

Ultimately, the Defendant, by occupational negligence as seen above, suffered from the victim H (V, 59 years old) who was accompanied by the said victim and the said car siren passenger car, each of about two weeks of medical treatment, and at the same time, did not immediately stop the said car siren passenger car owned by the victim to the extent that approximately KRW 545,785 is damaged to the point of view, such as the exchange of the victim, and escaped without taking necessary measures, such as providing relief to the damaged person.

2. The Defendant was driving the said vehicle under the influence of alcohol level of 0.075% at the time and place set forth in paragraph 1, and at the place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, I, and H;

1. A traffic accident report;

1. Each written diagnosis;

1. A written estimate of general repair costs;

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