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(영문) 대구지방법원 2018.01.30 2015고단3841

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a DNA observer car owned by C.

On April 20, 2015, the Defendant driven the above vehicle while under the influence of 0.106 percent of alcohol content among blood transfusions around 16:30 on April 20, 2015, and led to the direction of Daegu Kaol University in the direction of Donggol University.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, due to the negligence of neglecting this, the Defendant was found to have been in front of the observer vehicle in front of the observer vehicle, and the part on the back part of the F Spak vehicle of the victim E (V, 31 years old) who stops in the front.

As a result, the Defendant, by negligence in the above occupational negligence, sustained bodily injury, such as fluoral salt, etc., in need of approximately two weeks of treatment, but failed to immediately stop and take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing [types] under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of traffic accidents - Type 1 (a) (a) (a) (a person in charge of special sentencing) [a person in charge of special sentencing] - Where minor injury has occurred: a person in charge of increased amount of driving alcohol.