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(영문) 대구지방법원 2015.09.17 2015고단2141
특정범죄가중처벌등에관한법률위반(도주차량)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 of a C Poter cargo vehicle.

On February 13, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.105 percent with blood alcohol concentration around 20:50 on February 13, 2015, and led the Defendant to proceed one-lane in front of the Daegu Dong-gu D in the direction of chilling in the direction of Taedong-gu.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without breaking the center line by accurately operating the steering area and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the Defendant neglected this and received the back side part of the Gio vehicle driven by the Victim F (V, 49 years old) who was going on the opposite direction lane as the front part of the left side of the said cargo vehicle.

As a result, the Defendant committed the above occupational negligence, and the victim F with tensions and tensions, etc., which require approximately two weeks of medical treatment to the victim H (the victim H, who is the passenger of the foregoing scenarios, suffered injuries, such as salt and tensions, which require approximately two weeks of medical treatment to the victim H, who is the passenger of the foregoing vehicle, at the same time, and escaped without taking necessary measures, such as providing relief to the victims by immediately stopping the foregoing scenarios to the extent that the repair cost would amount to KRW 865,962.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report and a traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to each investigation report (with respect to photographs of a vehicle involved in an accident, for witnesses' conversations, for estimates of damage, and for medical certificates);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act as to the crime under the applicable law, and Article 268 of the Criminal Act.

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