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(영문) 대구지방법원 2018.02.23 2017고단7094

특정범죄가중처벌등에관한법률위반(도주치상)등

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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

1. On November 21, 2017, the Defendant violated the Road Traffic Act (drinking) around 21:45, the Defendant driven a car under the influence of alcohol with approximately 8.5 meters alcohol concentration of about 0.104% at the section of about 8.5 meters from the front of the restaurant, to the front of the apartment house in the same scambri, which is located in the direction of the direction of the city north-si, Gyeongsan-si, Gyeongsan-si. In addition, the Defendant driven the car under the influence of alcohol concentration of about 0.104%.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do Governor's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (hereinafter referred to as an "accident") led the Defendant to drive a vehicle B while under the influence of alcohol concentration of 0.104% during the border line as stated in paragraph (1) and drive the vehicle B at a non-speed speed between the two-lanes of the two-lanes between the two-lanes from the boundary of the head of the Dong Dongdodo office in the vicinity of the east River (Gu road) in the vicinity of the east Do road at the east of the Dongdodo office.

A person engaged in driving of a motor vehicle has a duty of care to safely change the vehicle line by operating direction direction when he/she intends to change the course of the motor vehicle, and by checking well the right and the right of the front side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course to a single-lane without examining the right and the right and the right and the right and the right part of the victim C(48 tax) driving, which was operating along one lane, was received as the front part of the left side of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim, such as salt, tensions, etc., in a dog chain that requires approximately three weeks of medical treatment, and at the same time, the Defendant escaped without taking necessary measures, such as providing relief to the victim by stopping the vehicle immediately after destroying the vehicle owned by the victim to the extent that the amount equivalent to KRW 1,382,346, such as the exchange of uriers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Statement of the circumstances of the driver in charge;