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(영문) 광주지방법원 2013.12.19 2013고단4844
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for 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 person who is engaged in driving CK5 cars.

On September 10, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.105% around 05:20, while under the influence of alcohol, and led to the driving of the said car along the entrance distance of the tri-profit apartment located in the Donggdong-gu, Gwangju, along the two-lanes from the Dongcheon Apartment apartment to the tri-profit apartment.

At this point, since it is an intersection where signal lights are installed, there was a duty of care to safely proceed to a person engaged in driving duties according to good faith.

Nevertheless, the Defendant neglected this to proceed with the red signal as it is, and was driven by the victim D(29 years old) who was driving from the right side of the e-motor vehicle running from the right side of the e-motor vehicle driving by the suspect, the front part of the e-motor vehicle driving by the suspect.

Ultimately, the Defendant suffered injury to the victim, such as the bones of the bones, which requires treatment for about five weeks due to such occupational negligence, and at the same time, escaped without any necessary measures, such as aiding and abetting the 1,678,076 Won, such as the pre-facing so as to damage the above cargo, and immediately stopping the vehicle, without taking necessary measures, such as aiding and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. The actual condition survey report;

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

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and those under the Road Traffic Act (unnecessary Measures after Accidents).

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