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(영문) 광주지방법원 순천지원 2016.12.21 2016고단1593
특정범죄가중처벌등에관한법률위반(도주치상)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

The Defendant is a person engaging in driving a rocketing car.

On August 3, 2016, at around 00:15, the Defendant, while under the influence of alcohol with 0.170% of blood alcohol content, proceeded at a speed that is impossible to identify two lanes from the side of the vice projected distance, the three-lane road of the same line in the Scam cam cam cambling, in which it is possible to view the two-lanes from the side of the vice projected distance.

At the time, at night, there are crosswalks with signal lights installed on the front door, so the driver of the vehicle had a duty of care to safely operate the front door, the left and right, and the right and the right of the driver of the vehicle, by accurately manipulatinging the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to the negligence of the Defendant, followed the victim C(the 41-year-old driver) who was stopped for signaling to the front part of the said rocketing passenger car in the front part of the said rocketing passenger car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt dynasium in need of treatment for about two weeks, and, at the same time, escaped without taking measures such as aiding the victim by stopping the said rocketing car, even though it damages the repair cost of KRW 823,130.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a traffic accident report, and evidence and photographs of the scene of the traffic accident;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. A medical certificate;

1. Written estimate for automobile inspection and maintenance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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