logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.02.08 2017고단1584
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around July 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and a violation of the Road Traffic Act (after an accident) led the Defendant to drive a DNA motor vehicle while under the influence of alcohol leveling 0.216% during blood transfusion, thereby driving the Gumi-si in front of the Gumi-si into the 2 square square.

At the time, it was difficult at night to keep the victim F (18) driving in front of the defendant's proceeding direction, and in such a case, there was a duty of care to maintain the safety distance with the preceding vehicle and prevent accidents in advance.

Nevertheless, the Defendant received the rear part of the victim's off-to-face driving due to the occupational negligence, which led to the difficulty of normal driving due to the influence of drinking, as the front part of the Defendant's car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the climatic tension, which requires approximately three weeks of medical treatment, and at the same time, escaped without immediately stopping the clib while destroying the clib to come up with KRW 725,000, and without taking necessary measures, such as aiding the damaged person.

2. The Defendant, in violation of the Road Traffic Act, driven the said vehicle while under the influence of alcohol with approximately 0.216% alcohol concentration from the section of approximately 1 km from the front of G at the time of the Gu-U.S.-si to the place where the said accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. An accident scene photograph and a survey report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the accident) concerning the crime

arrow