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(영문) 대구지방법원 김천지원 2016.08.31 2016고단998

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 9, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (drinking driving), and KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon on July 7, 2010.

The defendant is a person who is engaged in driving of a CV car that is not covered by mandatory insurance.

On July 5, 2016, the Defendant, while under the influence of alcohol 0.142% in blood on the front of the road E, was driving the said No. Y on the road in the Gu-U.S. Si road on July 5, 2016, driving the said No.S. Si vehicle to the Gu-U.S. railway distance.

At the time of the defendant's car transfer room, GL125 Obama driven by the victim FF(48 tax) was stopped for the signal waiting, so in such a case, the driver of the vehicle had a duty of care to safely operate the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle and received the back part of the victim's driving with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the two-day medical treatment, and at the same time, the repair cost of KRW 1,170,000, 170,000, did not immediately stop and take necessary measures, such as aiding and abetting the damaged party, and operated the said vehicle on the road without being covered by the mandatory insurance, even if the Defendant violated the Road Traffic Act by drinking alcohol at least twice, while under the influence of alcohol, even if he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A report on the occurrence of a traffic accident, an accident scene photograph, a actual condition survey report, and on-site photograph;

1. To inquire into the results of crackdown on driving under drinking;