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(영문) 광주지방법원 목포지원 2017.04.13 2017고단71
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after an accident).

On December 30, 2016, the Defendant driving the said car at the intersection in front of the Bapo River of 614 as at the Hapo-si of 23:40 on December 30, 2016, and driving the said car at the speed of about 40km from the “Scar High School” to the “North Korean Port Center.”

Since there is a remote crossing with a signal apparatus, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle in accordance with the signals, and by checking the front, rear and left well.

Nevertheless, the Defendant neglected to do so and was negligent in driving a blood alcohol content of 0.076% while driving in line with the signal at the speed of the above intersection, and thereby driving a boom to the boom as soon as possible under the normal signals of the above intersection, and received the part on the front part of the Defendant’s vehicle in front of the driver’s vehicle.

The Defendant, by such occupational negligence, destroyed the victim C and the victim E (the 31-year-old passenger) who is the above high-level passenger car, respectively, with approximately two weeks of medical treatment, suffered from the injury such as catum base and tension, etc., the victim F (the 28-year-old passenger) who is the batum, with a multiple catum in need of approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as destroying the above high-class car owned by the victim E and aiding the casualties.

2. On the day specified in paragraph 1, the Defendant driven a BMW 520 I car in the BMW 520 I while under the influence of alcohol content 0.076% from the 2km section of approximately 2km to the place indicated in paragraph 1.

Summary of Evidence

1. The defendant's statement in court;

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