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(영문) 대구지방법원 김천지원 2017.07.20 2017고단538

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a violation), the Defendant is a person engaging in driving the B-learning car.

On March 30, 2017, the Defendant driven the said car under the influence of alcohol content of 0.130% in blood around 00:07, while driving the said car at a level of alcohol content of 0.130%, and led to the flow of the road near a 3-15-ro 24-gil in the old Sinsi-ro 24-3-15 in the city of Gunsi-si.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected to commit so under the influence of alcohol and proceeded with one lane in the opposite opposite lane due to the negligence of the center line, and received the full left part of the driving DK5 of the victim C(20 years old) as the top part before the left-hand part of the said passenger vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim E (20 years old) who was on board the said victim and K5 car, including salt, tension, etc. in need of treatment for about three weeks, and escaped without immediately stopping and taking necessary measures, such as aiding the damaged person.

2. The Defendant violated the Road Traffic Act (drinking) driving a fluoring car under the influence of alcohol content of about 0.130% in a section of about 500 meters from the front of the modern hospital located in the Sim-si, Sim-si, Sim-si, Sim-si, Sim-si, to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. An accident scene photograph and a survey report on actual conditions;

1. Application of Acts and subordinate statutes of subparagraph (C) and (E);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (each of its duties) concerning criminal facts and the choice of punishment.