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(영문) 대구지방법원 2018.05.17 2018고단1187

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 22 and 20, 2018, the Defendant: (a) driven a fluor vehicle while under the influence of alcohol with approximately 0.142% alcohol concentration at a section of about 1km from around 1km to around 591 in the center of the same Gu, from around 543-19 to around 591 in the middle of the same Gu. (b) On February 9, 2018, the Defendant driven a fluor vehicle under the influence of alcohol content at around 0.142% in blood.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a violation of the Road Traffic Act (U.S.) led the Defendant to drive a mast car at the time specified in paragraph (1) and proceed with the roads front Daegu North-gu C in front of the Daegu North-gu metropolitan area as a separate view of viewing from the border area.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant, while neglecting the influence of alcohol due to negligence, received the part of the Defendant’s front-hand part of the Defendant’s vehicle following the e-car of the victim D(36), which was driven in front of the direction of the Roman course (36).

As a result, the Defendant suffered injury to the victim, such as the formation of a training and donation that requires stability medical treatment for about three weeks due to occupational negligence, and at the same time, even though the damaged vehicle was damaged by causing approximately KRW 854,788 for repair expenses, such as the exchange of back panions, the Defendant told the victim that “the police was inside the police, but the police was deducted from the vehicle,” and escaped without taking necessary measures, such as relief measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Photographs of vehicles;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the measure that was not taken after the accident).