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(영문) 대구지방법원김천지원 2020.08.19 2020고단290
특정범죄가중처벌등에관한법률위반(도주치상)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 engaged in driving a BM5 vehicle.

1. On December 2, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (unclaimed Measures after Accidents) driving the said vehicle under the influence of alcohol level of 0.061% on blood alcohol level around 23:30 on December 23, 2019, and driving the said vehicle along the road prior to the 312 Gu Non-U.S. State Forest Management Office in front of the Gu and U.S., according to the 312 Gu and U.S

At the time, it was night and there was a road where the center line of yellow-ray was installed, so there was a duty of care to safely drive the vehicle with the driver's duty of care to safely drive the vehicle by making it possible for the driver of the vehicle to see the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (the age of 51) who was under way due to the negligent negligence of the central line, while neglecting this, and was driving by the victim D(the age of 51) on the left-hand side of the sports cargo vehicle, and received the part of the panf in front of the left-hand side of the said SM5 vehicle.

As a result, the Defendant suffered injury to the victim, such as salt dynasium, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as stopping and providing relief to the victim, even if the Defendant damages each amounting to KRW 995,830, the central separation zone repair cost, and the amount equivalent to KRW 1,318,218, which is the sports freight repair cost.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol concentration of about 1.6 km from the Gu-U.S. F parking lot at the time of the temporary border to the above F Polter through the Colz in the same city from the Colz. G at the time of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. On-site photographs, on-site surveys, written estimates, and written estimates;

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