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(영문) 광주지방법원 2020.10.15 2020고단4084
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving of B-cruise cars;

On July 19, 2020, the Defendant driven the said car while under the influence of alcohol 0.160% of blood alcohol level around 08:20 on July 19, 2020, thereby driving the said car at a speed of 0.160% on the front side of Gwangju Mine-gu, along with one lane, driving at a speed of 5 lanes from D to Yangsan-do.

In this case, there was a duty of care to observe the signal and safely drive the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the Defendant for the pertinent cruise car operated by the Victim F (32 years old) who was driven by the victim F (32 years old) who was driven normally from the Mad E side to the veterans hospital due to the negligence of violating the signal even though the electric signal, etc. was a red light.

As a result, the Defendant suffered a variety of dystrophisms that need to be treated for about two weeks by occupational negligence as above, and at the same time destroyed and damaged the said SM5 car owned by the victim so that it would be equivalent to three million won repair cost, and left the scene without immediately stopping and taking necessary measures.

2. On October 24, 2018, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court as a crime of violating the Road Traffic Act.

At around 08:20 on July 19, 2020, the Defendant driven B cruise car at a section of about 5 km from the roads adjacent to the Yongsandong in Gwangju-gu to the places specified in the above paragraph (1) while under the influence of alcohol of 0.160% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident;

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