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(영문) 대구지방법원 김천지원 2017.08.29 2017고단567
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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 Bchip car.

On March 18, 2017, the Defendant was under the influence of alcohol content of 0.146% during blood transfusions, and driving the said car without mandatory insurance, and made the front distance of the second apartment of the Bosung-si 20-ro 28-gil to the front distance from the upper middle school to the front door of the apartment.

At the time, the victim C (22) driven by the victim C (22) and the left turn to the same direction before the defendant, so there was a duty of care for the driver of the motor vehicle to safely operate the steering and steering gear by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so under the influence of alcohol, and received the parts adjacent to the left side of the above Otoba in front of the right side of the said car.

Ultimately, the Defendant, by such occupational negligence, inflicted an injury on the victim, such as the left-hand knee, knee, flaps, tensions, etc., and destroyed the left-hand side of the above otoba, etc., by the repair cost of KRW 665,00,00, and thereby, attempted to conceal the fact of causing a traffic accident while driving a motor vehicle, thereby allowing the victim to walk the light at the section of approximately 200 to 300 meters, and cut down the said motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident, reporting on the circumstances of the driver who takes driving, inquiry into the results of crackdown on the driving of drinking, inspection on actual condition, and inquiry into mandatory insurance;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of accident scene and on-site inspection photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident) concerning criminal facts.

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