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(영문) 대구지방법원 김천지원 2012.09.28 2012고합187

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On May 26, 2012, at around 03:05, the Defendant, while under the influence of alcohol at a 0.246% of the blood alcohol concentration, was driving the car in front of the Gu-U.S. S. S. S. S. S. S. S. S. S. S. S. S. Around 03:05, the Defendant was driving the car in front of the distance from

Since there is a signal apparatus installed in the front intersection immediately before the entry, the defendant engaged in driving service has a duty of care to drive according to the signal apparatus's instruction.

Nevertheless, the Defendant neglected this and neglected to enter the intersection to the red signal, and caused the victim D(37 years old) driving to cross the crosswalk to the right side from the left side of the car driving direction to the right side of the said passenger vehicle, and received the front part of the right side of the road.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the above 14.30,00 won for repair expenses, and at the same time sustained injury from the victim, such as the crushed aggregates, fellls, and bones bones, which require treatment for about eight weeks, and escaped without immediately stopping the victim, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers, written diagnosis, and written estimates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148 and 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act and the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (unnecessary Measures after Accidents), and the crimes provided for in the Act