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(영문) 광주지방법원 2013.11.26 2013고단5163
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On November 8, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) in the application of the Gwangju District Court on the Manpoon on November 8, 2010, and a fine of seven hundred thousand won as a crime of violating the Road Traffic Act (driving) at the Gwangju District Court on December 2, 2010.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.) are engaged in driving of BM5 vehicles.

On October 12, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.177% of blood alcohol concentration on October 12, 2013, and made the left turn to the left by using one lane between the four-lane distance from the bus terminal of Gwangju Seo-gu.

At that time, there was a center line of yellow-ray, so in such a case, there was a duty of care to safely drive the car and safely drive the car so as to prevent the accident in advance.

Nevertheless, while the Defendant was under the influence of alcohol and was negligent in driving so as to stop, the Defendant shocked the fronter of the DNA passenger car driven by the victim C(33 years of age) who was at the center line at a one-lane, with the fronter of the Defendant’s vehicle, and led the victim E(28 years of age) who was under the influence of alcohol to shock the fronter of the Fone Star driver car driven by the victim E(28 years of age) who was under the influence of the vehicle.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment. The Defendant: (a) caused the repair cost of the said marina car; (b) 3,185,629 won; and (c) 373,842 won of the repair cost of the said passenger car; and (d) escaped without immediately stopping the damaged vehicle and without taking necessary measures, even after destroying the said car.

2. The date and time specified in paragraph (1) shall apply to the defendant of a violation of the Road Traffic Act.

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