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(영문) 대구지방법원 2012.09.06 2012고단2816

특정범죄가중처벌등에관한법률위반(도주차량)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 who is engaged in driving a C-Wol car.

On March 22, 2012, the Defendant, while under the influence of alcohol of 0.170% of blood alcohol concentration at around 23:20, the Defendant driven the said car and driven it in the way of a three-lane road from the trine-distance distance from the trine-distance to the trine-distance.

At the time, it was night, and the surface was milch because of rain, so in such a case, there was a duty of care to take safety measures necessary to prevent the occurrence of an accident, such as making a person engaged in driving of a motor vehicle well look at the right and the right and the right and the right and the right and the right and the right, and accurately operating the steering and the brakes

Nevertheless, as seen above, the Defendant, while neglecting the influence of alcohol and driving at the center line at the opposite lane, failed to stop the front part of the ENFrocketing cab driven by the victim D (the age of 57) who driven by the Defendant at the front part of the vehicle driven by the Defendant, thereby causing bodily injury to the victim D, such as climatic dumumumumumum, etc. which requires approximately two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as aiding and abetting the climatic dume, etc. of the cab passenger victim F (the age of 60) for about three weeks of medical treatment. At the same time, the repair cost, such as the exchange of the above cab, etc. is damaged to the degree of KRW 1,636,590, and immediately stopping the vehicle to the extent that the 1,636,590 is damaged, and instead does not take necessary measures to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident issuance report;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A copy of each written diagnosis;

1. Application of the statutes governing a written estimate;

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 of the Road Traffic Act.