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(영문) 대구지방법원 김천지원 2018.02.13 2018고합2

특정범죄가중처벌등에관한법률위반(도주치상)등

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The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On December 22, 2017, the Defendant, in violation of the Road Traffic Act, driven a vehicle with D low alcohol level of 0.086% while under the influence of alcohol level of 0.086% at the section of approximately 3.9km from the Dong community service center to the Defendant’s house located in Kimcheon-si, Kimcheon-si, Kimcheon-si, 222:15, in lieu of the Defendant’s house located in Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”) and the Defendant engaged in driving of a low-priced car as stated in paragraph (1).

On December 22, 2017, the Defendant driven the above high-speed car around 22:15, and proceeded with a road suitable for F stations in Kimcheon-si, Kimcheon-si from the sloping-si to the sloping-si.

At the time, drinking control is conducted at night and at a point of 70 meters in the front direction, and thus, in such cases, a person engaged in driving service has responded to the inspection and search while driving in accordance with the police officer's reception.

In addition, there was a duty of care to prevent accidents by accurately operating the steering direction and brakes well, as well as the prior and right sides and to prevent accidents.

Nevertheless, the Defendant neglected to comply with the police officer’s inspection and search, as described in paragraph 1, in order to escape, without complying with the police officer’s failure to comply with the police officer’s inspection and search. In the latter case, the Defendant shacked the front part of the victim G(S)’s H observer car (hereinafter “victim’s vehicle”) driving at the later time, which was stopped by the Defendant, with the front part of the said vehicle.

In the above occupational negligence, the Defendant did not immediately stop and stop the damaged vehicle while causing injury to the victim G, such as salt fat, etc., in which approximately two weeks of treatment is required for the victim G, and suffered injury to the victim I (the victim 43 years of age) who is the passenger of the damaged vehicle, for about two weeks of treatment, and at the same time, causing injury to the damaged vehicle to the degree of 1,690,544 won.