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(영문) 대구지방법원 2017.10.19 2017고단4668

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving of a cargo vehicle of one ton of Category C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the violation of the Road Traffic Act (or the injury).

On July 19, 2017, the Defendant driven the above car at around 10:35, and was under the influence of alcohol level of 0.206% in blood, and became to turn to the left at the left of the south of the intersection of the Ulsan-ro-distance in Ulsan-ri, the front of the road, which is located in the Gyeongsan-ri, to the south of the water level.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to prevent traffic accidents in advance by driving safely according to the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left while under the influence of alcohol in violation of the signal, and received the part of the front left side of the cargo vehicle of the 1 ton of the Epoter 1 ton of the epoter 1 ton of the epoter 1 ton operated by the victim D (e.g., the 55 years old) who operates directly under the direct line of the Agricultural Technology Center from the southsan Seaside, as the epoter 1 ton of the Defendant driving.

Ultimately, the Defendant suffered injury to a victim due to the above occupational negligence, and at the same time, destroyed repair expenses equivalent to KRW 10,700,000, such as the cost of the loading exchange of the above damaged vehicle, but escaped without immediately stopping the damaged person or removing any danger and injury to traffic.

2. On July 19, 2017, the Defendant: (a) driven a cargo vehicle of approximately 0.206% alcohol level from the 3km section to the front road of the South Korean pesticide located in Dong-ri, if he/she was a Simsan Simsan Simsan Simdo around the same time, while under the influence of alcohol leveling to about 0.206% from the 3km section to the front road of the South Korean Welfare Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.