logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2014.01.08 2013고단2038
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 car in a SP area B.

On September 21, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.054% at around 21:05, while under the influence of alcohol on September 21, 2013, and led the said car to the intersection of the private distance in front of the Mayang-Eup, Gwangjuyang-si, at any time, to the right from the luminous apartment.

At this point, since the signal is a private-distance intersection where traffic is on-and-off and the traffic is not controlled, there was a duty of care to safely proceed after checking whether a person engaged in driving of a motor vehicle has a motor vehicle for temporary suspension or slowly driving before entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, had the victim C(39 years of age) who was driving on the left-hand side from the right-hand side of the proceeding due to the negligence of the Defendant, had the Do-do-do-si cab be driven by the victim C(39 years of age).

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as light salt, etc. requiring medical treatment for about two weeks, and at the same time, got the Defendant’s vehicle back to the center of the road, and escaped without taking any measures on the part of the victim for the repair cost of KRW 4,871,302, such as the exchange of free-line pans, to move back the vehicle to the center of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A traffic accident report (2) actual survey report;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

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 Road Traffic Act, Articles 148 and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

arrow