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(영문) 광주지방법원 2017.05.11 2016고단5813
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of 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 car rental car.

On October 20, 2016, the Defendant driven the said car with alcohol content of 0.050% in alcohol while under influence of alcohol and without obtaining a driver’s license, and continued to drive the said car at a 300-lane in front of the two industrial accident, which is located down from Gwangju Northwest-gu, Gwangju, at the lower limit of 300, along with two-lanes between the two-lanes between the two-lanes.

At that time, the Defendant had a duty of care to maintain a reasonable distance and operate safely by checking the front side while driving the victim C(the 53-year-old driving) rocketing car.

Nevertheless, the Defendant did not find out that the vehicle of the victim C driving which was driven by the Defendant due to his neglect of such duty of care was stopped according to the signals at the intersection, and received the back part of the car of the Defendant with the front part of the car rental car operated by the Defendant.

Ultimately, the Defendant suffered from the victim E (V, 41 years old), and victim F (V, 53 years old), who are the passengers of the victim C and the rocketing or other automobiles due to the above occupational negligence, the Defendant committed an act of causing approximately two weeks of medical treatment to the victim E (W, 582,740 won in total, including replacement of the back crimeer, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. A written estimate for an investigation report;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing mandatory insurance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5-3 of the pertinent Act.

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