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(영문) 광주지방법원 2020.03.26 2019고단1851
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

The defendant is a driver of the K5 vehicle B.

1. Around 02:05 on April 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) (the Defendant driving the said vehicle at the private street intersection of the new post office in front of the new post office in Gwangju Mine-ro 58, and directly promoted from the new IIC to the C elementary school.

Since there is a cross-section that is traffic control by signal apparatus, the defendant has a duty of care to proceed in accordance with the signals.

Nevertheless, in violation of the signal, the Defendant shocked the part of the driver's seat of the E-si driven by the victim D (the age of 54) who had left to the right on the right-hand side of the right-hand side of the traffic in front of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim D in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, destroyed the above vehicle so that the amount equivalent to KRW 7,056,033 of the repair cost of the vehicle and escaped without taking measures such as providing relief to the victim.

2. Around 02:06 on April 15, 2019, the Defendant was driving the said vehicle on the front of the F Building in Gwangju Mine-gu.

In such cases, drivers have a duty of care to operate the steering and brake system accurately.

Nevertheless, the Defendant neglected this and caused 4 vehicles to be parked in front of the F Building as stated in the attached list of crimes, such as HM5 car owned by the victim G, which was parked in front of the F Building by negligence.

As a result, the Defendant destroyed four vehicles to have an amount equivalent to KRW 6,597,918 due to such occupational negligence and escaped without taking measures, such as aiding the victim.

3. A defendant who violates the Road Traffic Act and the Road Traffic Act (driving without a license) shall not obtain a driver's license, and on April 15, 2019, the defendant shall be under the influence of alcohol by 0.179% of alcohol concentration in blood around 02:05.

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