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(영문) 대구지방법원 김천지원 2015.11.25 2015고단1109
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 NFLI or other car.

On July 8, 2015, the Defendant driven the said car under the influence of alcohol level of 0.147% on blood alcohol level on July 8, 2015, and led to the course from the right flapt distance to the flapt distance on the side of the right flap road located in Kimcheon-si, Kimcheon-si.

At the time, the rain was broken down at night, and there was a center where the yellow-ray central line was installed, so there was a lot of vehicle moving, so there was a duty of care to not make a U-turn in the opposite direction beyond the center line of the yellow-ray.

Nevertheless, the Defendant neglected this and found a police officer who is under the influence of alcohol driving in the front bank, and was negligent in making a U-turn in the opposite direction beyond the center line of yellow-ray so as to escape from damage to drinking control, and received the DEX car front portion of the victim C(38 years old) driving at the first line in the opposite direction, which was driven by the victim C(38 years old) driving in the opposite direction.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the above victim, such as salt pane of the shouldered wall, and sacrife of the sacrife, which requires three weeks of medical treatment, and at the same time, escaped without immediately stopping the said damaged vehicle so that 1,861,946 won can go to the repair cost, and without taking necessary measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and C;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Investigation report (including attached diagnosis report);

1. Application of Acts and subordinate statutes on internal investigation reports (including written estimates attached thereto)

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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