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(영문) 대구지방법원 김천지원 2017.06.08 2016고단1837

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

The defendant is a person who is engaged in driving a Bsch Rexton car.

On October 29, 2016, the Defendant driven the above car at around 17:50 on October 29, 2016, and proceeded two lanes in front of the 179-type dong community service center located in the Gu-U.S. city, along the two-lanes of the 179-type lux, from the bombing off of the luxan to the luxan lux.

At night, there is a yellow-ray centering line on the road that the Defendant entered by right-hand, and on the opposite line, the DK5 passenger vehicles driven by the victim C(35 tax) are stopping in the signal atmosphere, so there was a duty of care to safely drive the vehicle by accurately manipulating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to proceed as it is, while making a bypass, received a part above the center line and above the left side of the K5 car in front of the driver's seat of the U.S. car.

Ultimately, the Defendant, by the above occupational negligence, destroyed the victim C, the victim E (31), the victim F (32 years of age), and the victim G (35 years of age), respectively, in need of approximately two weeks of medical treatment. Although the Defendant destroyed the repair cost by approximately KRW 1,539,81, even before and after the left-hand side of the K5 vehicle, the Defendant left the vehicle immediately to avoid the occurrence of drinking alcohol, and escaped without taking necessary measures, such as aiding the damaged person by stopping the vehicle and aiding the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on traffic accidents and a survey report on actual condition;

1. Each written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes to black stuffs, video photographs, black stuffs video CDs

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