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(영문) 대구지방법원 경주지원 2016.04.27 2014고단1022

특정범죄가중처벌등에관한법률위반(도주차량)등

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B with a vehicle B, with a vehicle B, under the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On October 20, 2014, at around 03:50 on October 20, 2014, the Defendant was driving ahead of the “D” restaurant in the city bus terminal at a speed that is difficult to know in the direction of the private distance of the right pharmacy.

At that time, since there was a large traffic congestion between the driver and the traffic volume, the driver had a duty of care to reduce the speed and to take the right and the left well, to accurately operate the steering and brakes, and to prevent all traffic accidents by driving it accurately and safely.

Nevertheless, the Defendant neglected to do so while driving in the same direction as the front part of the vehicle of the E ( South, the age of 36) of the victim E (the victim) who stops in the locked and was under the influence of the vehicle of the Republic of Korea.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day medical treatment, and at the same time, did not immediately stop the said taxi to rescue the damaged person, even if it did not take necessary measures, such as immediately stopping the said taxi, so that the repair cost would be equivalent to KRW 392,600, such as the exchange of ribages.

2. On October 20, 2014, the Defendant: (a) around 03:45 on the road in front of a mutual influorous restaurant located in the Nowon-gu, Sejong-si; (b) around 04:40 on the same day, the Defendant driven the said fluor vehicle under the influence of alcohol content of approximately 0.087% from the 30km section to the expressway with the point of 91km point in Busan-si, Young-si; (c) around 04:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The occurrence of a traffic accident, a report on actual condition investigation, a written estimate, a written diagnosis, and a drinking operation;