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(영문) 대구지방법원 2017.12.14 2017고단5892

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On April 1, 2016, the Defendant was sentenced to one year of imprisonment by the Daegu District Court for interference with the execution of official duties. On March 28, 2017, the Defendant completed the execution of the sentence in the first intersection of the North Korean Branch of the North Korean Peninsula.

[Criminal facts]

1. The defendant is a person who is engaged in driving of a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or equivalent price), violation of the Road Traffic Act (or measures not yet taken after an accident), and violation of the Road Traffic Act.

On July 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.114% among blood transfusions on July 1, 2017, and continued to drive the said car along three lanes from the south intersection to the Gyeongsung University.

At the time, the D Village bus driven by the victim C (the South and the age of 28) was stopped as a signal waiting at the front section of the car driven by the Defendant, and in such a case, the Defendant had a duty of care to safely drive the front section and prevent the accident in advance by operating the brake system properly.

Nevertheless, the Defendant was negligent in driving the car as it was so driven by negligence and received the rear spread of the above village bus.

Defendant 1 suffered injury to the victim due to the above occupational negligence during approximately two weeks of treatment, and at the same time, the above village bus was damaged to cover approximately KRW 1,494,00,000, and went away without taking measures, such as providing relief to the victims, even though it was immediately stopped.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Act on Guarantee of Compensation for Motor Vehicle Damages, at the time and place specified in paragraph 1, driven B-to-be driving that did not subscribe to liability insurance with alcohol content of 0.114% under the influence of alcohol during blood at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. The written estimate Acts and subordinate statutes;