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(영문) 광주지방법원 2016.03.17 2015고단4881
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 23, 2007, the Defendant issued a summary order of KRW 1500,000,000 as a fine for the same crime at the Seoul Northern District Court on April 8, 2009.

On November 12, 2015, while under the influence of alcohol level of 0.161% during blood transfusion around 23:58, the Defendant driven CSM 5 automobiles as his duties and proceeded ahead of the roads in Seo-gu, Gwangju, Seo-gu, about the 5.18 Memorial Park, in the direction of the ten-day apartment street.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle on the front side and safely.

Nevertheless, the defendant, by negligence, who proceeded without looking at the right side of the alcohol, had the part on the right side side of the victim F(48 tax) who walked on the road go beyond the floor by taking the right side of the car.

In the end, the Defendant, upon the above accident, got the victim to suffer satisf, etc. in need of a medical treatment for about two weeks, stopped immediately, and escaped without taking necessary measures, such as providing assistance to casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation, community service order, and order to attend lectures under Article 62-2 of the Criminal Act;

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