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(영문) 광주지방법원 2016.05.19 2016고단905
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C New Flaves or a car.

1. On February 6, 2016, the Defendant driving the said car at around 01:05, and changed the course to the Korean National Police Agency in Gwangju Regional Police Agency from the side of the Sung Hospital, while driving the said car at around 01:05, the Defendant changed the course to the two-lane.

On the two-lanes at the time, the Victim F (AF, 58 years old) was driving a G-cracked car, and thus, a person engaged in driving a motor vehicle has a duty of care to safely change the course by informing the person of the change of course by direction, etc. and examining the traffic conditions of the lane in which he/she intends to change the course.

Nevertheless, the Defendant neglected to do so and caused the Defendant’s mistake of changing the course while under the influence of alcohol level 0.09% in blood, and thereby, received the front part of the left-hand side of the pertinent car driving by the victim driving two lanes in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as aiding the damaged person, even though the said passenger car was damaged by the damaged person’s repair cost, and thereby destroying the said car in excess of KRW 1,546,500.

2. Violation of the Act on the Special Cases Concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (drinking driving) on February 6, 2016, the Defendant, while driving the said vehicle at around 01:05, caused an accident, such as Paragraph 1, while under the influence of alcohol level of 0.09% during blood, and continued to enter the entrance distance of the Si Young apartment complex, while driving the said vehicle at around 01:09 on February 6, 2016.

Every place shall take place where traffic is controlled.

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