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(영문) 광주지방법원 순천지원 2015.10.13 2015고단1347
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 Costa Car.

On May 9, 2015, the Defendant driven the said vehicle under the influence of alcohol of 0.120% of alcohol level 0.120%, and led to the second line two lanes prior to the middle middle school, which is located in the square at the Gyangyang-si, along with one lane on the road.

At night, the Defendant was at night, and the Defendant was behind the DF car driven by the victim C (V, the age of 55). As such, the Defendant had a duty of care to safely operate the vehicle by accurately regulating the operation and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim with the front part of the car in question, which the Defendant driven by negligence while neglecting the above duty of care, and received the back part of the car in question.

The Defendant, by its occupational negligence, caused the victim to suffer injury, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about two weeks, and at the same time, avoided the above Radr vehicle from stopping immediately without taking measures, such as providing relief to the victim, even though the Defendant damaged the said Radr vehicle to have an amount equivalent to KRW 287,438, such as cutting away from the radr, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and the evidence and photographs of traffic accidents;

1. Making a report on the control of drinking driving;

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

1.Article 40 of the Criminal Code of Trade and Trade.

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