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(영문) 대구지방법원 2020.01.15 2019고단4747

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On June 9, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bodily Injury) driving a passenger car at B mother-do, which led to the progress of the road front of the bus stops at the entrance of the Daegu Northern-gu C market, from the lower bank to the 2nd parallel.

Since there are lots of reports for pedestrian traffic, the defendant, who is engaged in the driving of motor vehicles, is driving along the roadway and has a duty of care to not violate the sidewalk.

Nevertheless, the Defendant neglected to do so, and caused the victim D (the son and the 27-year-old) who was sitting in the bus stop at the bus stop where the accident occurred at the time of the accident, to the right side of the Defendant car.

Ultimately, even though the Defendant suffered an injury, such as leaving the left-hand bar, which requires medical treatment for about 12 weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as taking relief measures.

2. On June 9, 2019, at around 17:24, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the breath in a breath of the police box affiliated with the police box of the Daegu Gangseo-gu Police Station, which was dispatched to the traffic accident scene at the traffic accident scene in Daegu-gu, Daegu-gu, Daegu-gu, as well as the Defendant’s breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the b

그럼에도 피고인은 음주측정기에 입을 가져다 댄 다음 입김을 불어넣는 시늉만 한 채 음주측정 요구에 응하지 아니하였다.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer with respect to G or H;

1. Statement of each police statement to I and J;

1. Written statements of D;

1. The report on the occurrence of traffic accidents and the actual survey report;