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(영문) 대구지방법원 2014.12.04 2014고단4434

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) is a person engaging in driving a vehicle with CMW 530i.

On July 19, 2014, the Defendant driven the above car on July 19, 2016:38, and led to the intersection of the intersection distance in the Taegu-gu Taegu-gu, Taegu to the dynamic distance from the boundary of the border distance.

Since it is an intersection, a person engaged in driving service has a duty of care to prevent accidents, such as collisions with other vehicles by accurately operating the steering direction and brakes while driving the steering room in an unbreath state.

Nevertheless, the Defendant neglected to perform the above duty of care while under the influence of alcohol content 0.141%, and received the left-hand side of the E-compact bus driven in the direction of the Defendant’s proceeding, following the left-hand side of the said car.

Ultimately, even though the Defendant suffered injury to the F (V, 46 years old) of the neck, tension, etc. in need of two weeks of medical treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. On July 19, 2014, at around 06:38, the Defendant driven a CMW 530i car under the influence of alcohol content of 0.141% on the road at approximately 1.7 km section in the same Gu from the outer influence in the middle-gu Seongbuk-gu North-ro, Daegu to the East race distance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. A medical certificate;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act concerning criminal facts, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes,