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(영문) 대구지방법원 2018.07.26 2018고단2139

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. On February 22, 2018, the Defendant was under the influence of alcohol concentration of 0.078% in blood at around 01:45, the Defendant driven a C Sspo-type car at the 10km section from the front of a mutual influent restaurant near the valley, Seogu, Seogu, Daegu to the front of the same Simdong B before the same Simdong-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as the “CSP”) are those engaged in driving motor vehicles in the CSP area.

On February 22, 2018, around 02:06, the Defendant continued the front road B in front of Daegu Suwon-gu, Daegu-gu, with the view to the protection of the utility model fee in the middle distance from the relevant three-distance bank.

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, was driven by the victim D (38 years) who was in front of the direction of the marine due to negligence in the course of the e.g., CA110 Orala part of the back part of the Defendant’s passenger car.

As a result, the Defendant got injured by the victim of the above occupational and practical injury, such as the pelle executives who need approximately 14 weeks of treatment, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the victim, even though the said pelle was damaged by the exchange of the back fences, etc., but the Defendant did not immediately stop and rescue the damaged person.

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. Notification of the results of regulating drinking driving;

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

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (including delay of measurement of drinking);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.