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(영문) 광주지방법원 순천지원 2014.05.23 2014고단210
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 a B car.

On November 29, 2013, at around 02:20, the Defendant driven the said car under the influence of alcohol of 0.190% (%) with a blood alcohol concentration of 0.190% (%) and proceeded the first lane from the distance of the Ordinance to the gymnasium.

At the time, there was an intersection where a signal apparatus was installed, so the person engaged in driving a motor vehicle has a duty of care to check whether the signal is a motor vehicle in front and rear, and to accurately operate the steering direction and brakes, and to safely proceed with the signal and prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant found the victim C(50 years old) E(K)-(K)-5 taxi belonging to the victim C(K)D and operated the brake. However, the Defendant was in front of the victim C(K)-5 taxi driving vehicle, while he was under the influence of alcohol and was in front of the passenger car.

The Defendant, by such occupational negligence, inflicted injury on the victim C, such as amper salt, etc. in need of medical treatment for about two weeks, suffered injury on the victim FF (the 40-year old-age-old) who boarded the said taxi, such as cerebral cerebral supply, which is in detail in need of medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as immediately stopping the said K5 taxi to ensure that the repair cost would be equivalent to KRW 20,648, such as the exchange of pan-fashers, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A traffic accident occurrence report;

1. A traffic accident report (1) actual condition investigation report;

1. Report on the circumstances of an employee;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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