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(영문) 대구지방법원 의성지원 2016.06.02 2016고단54

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On February 8, 2016, the Defendant, while under the influence of alcohol content 0.111% during blood transfusion, was driven by the Defendant at a speed of about 60km from the side of the Geiriri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do.

Since there is a lot of traffic of vehicles near the intersection, there was a duty of care to safely drive a vehicle in accordance with the signals by reducing the speed, properly examining the right and the right and the right of the vehicle, and protecting the central line.

Nevertheless, the Defendant neglected his duty under the influence of alcohol and went to the opposite direction of the car driven by the Defendant by negligence over the center line as is, and received the part above the left side of the car driven by the Defendant, following the Dsch Rexton car driving by the Defendant (e.g., 41 years old).

Ultimately, the Defendant, by negligence in the above occupational negligence, escaped without taking necessary measures, such as aiding and abetting the injured party E (V) who was on board the said Bosch Rexrothton car, for about three weeks of medical treatment, and immediately stopping the car and providing relief to the injured party E (V) who was on board the said Bo Rexrothton car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written diagnosis of the driver of the damaged vehicle and the relevant passenger;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of traffic accident reports, on-site photographs-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act 1.