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(영문) 광주지방법원 2016.06.23 2016고단1211
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On March 5, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.121% during blood transfusions on March 18:50, 2016, while driving the vehicle, and driving the intersection in front of the Mancheon-gun in the south of Yong-gun, Young-gun, the Defendant continued to proceed to the intersection from the Mancheon-ri side.

Since there was an intersection where a signal, etc. is not installed, there was a duty of care to safely enter the intersection by reducing the speed and checking the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant did not discover the victim C (WW) driving car which was under way on the right side from the left side of the running direction of the Defendant due to negligence while neglecting it under the influence of alcohol as above, and did not find the victim's driving car at the age of 37, and received the victim's driving part prior to the left side of the Defendant's vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C such as catum salt, etc. requiring approximately two weeks of medical treatment on the part of the victim E (15 years) who was accompanied by the victim E (15 years of age) who was accompanied by the victim C’s car for about two weeks of medical treatment, suffered multiple satis in need of medical treatment on the part of the same victim F (F, 9 years of age) for about two weeks of medical treatment, and at the same time, escaped without taking necessary measures such as providing relief to the victim C’s car by immediately stopping it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. The application of the relevant Acts and subordinate statutes to a survey report on actual condition, a statement on the situation of a driver taking driving, a inquiry about the results of crackdown on drinking, a written diagnosis, written estimate, and photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury to each business) and Road Traffic Act concerning criminal facts under the pertinent provision of the Act.

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