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(영문) 광주지방법원 2015.08.20 2015고단1818
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 05:10 on May 17, 2015, the Defendant driven CK3 car under the influence of alcohol concentration of 0.115%, and proceeded to Gwangju branch of the Bank of Korea on the side of the 518 Memorial Center, while driving the CK3 car under the influence of alcohol concentration of blood.

Since there is an intersection where traffic is controlled by signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by accurately manipulating, steering, and brakes while driving the motor vehicle according to signals.

Nevertheless, the Defendant, while driving in violation of a signal while under the influence of alcohol, was negligent in failing to avoid the victim D(70 years of age) E-Nata-si driving at the victim D(70 years of age) drive from the north of the coefficient shooting distance to the Rocheon reservoir and received the victim’s left side part of the victim’s taxi with the front part of the victim’s automobile.

As a result, the Defendant suffered injury to the victim, such as brain dead, which requires treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant destroyed the parts of the above taxi owned by the transportation partnership company for the victim and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim, despite destroying the parts of the above taxi owned by the transportation partnership company for the repair cost of KRW 2,157,978.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the survey report on actual condition, photographs, report on the circumstantial statement of a prime driver, diagnosis statement, written estimate, written blood alcohol appraisal statement, and written report on detection of a prime driver;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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