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(영문) 대구지방법원 서부지원 2019.03.20 2018고단3052

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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 October 6, 2018, the Defendant, while under the influence of alcohol of 0.193 percent of blood alcohol concentration at 04:05, the Defendant driven the said car and proceeded two lanes from the two-lane roads of “D” located in Daegu Seo-gu Seoul Metropolitan City, to the two-lane away from the sene-distance flooding plane of the two-lane market distance.

At the time, the rain was difficult and the surrounding area was milched, and the surface was around the Defendant's running direction, and the FOba, which was connected to the handble after the driver's operation of the victim E (the age of 42), stops in order to remove the waste-based plastic garbage bags. In such a case, the driver was obliged to pay a duty of care to prevent accidents by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

그럼에도 불구하고 피고인은 술에 취한 상태로 전방을 잘 살피지 않고 진행한 과실로, 위 손수레 부분을 위 승용차의 앞 범퍼 부분으로 들이받아 그 충격으로 손수레가 튕겨져 나가 길가에서 쓰레기종량제봉투 수거작업 중인 피해자의 우측 다리 부위를 충격하게 하였다.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as an influenite in detail at the bottom of the presidential frame requiring treatment for about 8 weeks, and at the same time, destroyed the above lebane and the lebane so as to cover the repair cost of KRW 1,08,600, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and photographs of the accident site;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.