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(영문) 대구지방법원 2017.02.09 2016고단5808

특정범죄가중처벌등에관한법률위반(도주치상)등

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

The defendant is a person who is engaged in driving a vehicle in Daegu B low Pest Pest.

On August 29, 2016, the Defendant driven the said car under the influence of alcohol level of 0.131% from blood alcohol level around 19:40 on August 29, 2016, and proceeded with the roads in front of the school tunnels, which are in the Daegu Water-Free Zone, from the melting gu, to the non-school tunnels.

Since there was an intersection where signal apparatus was installed, the driver had a duty of care to check whether there was another vehicle by reducing speed and checking the right and the right and the right of the driver, and to safely drive the vehicle in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn due to the negligence of the Defendant’s failure to do so, and took the victim C(44 years old) of the victim C(44 years old) driving Daegu D-gu driving car, and received the top-hand part prior to the left-hand part of the freight vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., in need of treatment for about three weeks, and at the same time, destroyed the victim's driver's vehicle to be repaired in KRW 1,820,146, such as the exchange of a free-line pan-scam, and escaped without taking 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 against C;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. Investigation reports (to hear statements by employees of an insurance company);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 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 occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after damage) and Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.