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(영문) 대구지방법원 김천지원 2012.10.12 2012고합194
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On May 25, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on May 25, 201, and on February 11, 201, the same court issued a fine of KRW 3 million as the same crime, and is engaged in driving of D Ado-Wd-Wd-Wed Vehicle.

On May 5, 2012, at around 21:30, the Defendant driven the said vehicle without obtaining a driver’s license while under the influence of alcohol with a blood alcohol concentration of 0.184%, and driven the road in front of the KBS brokerage office in Kimcheon-si, Kimcheon-si, and proceeded with the road in front of the KBS brokerage office in Kimcheon-si, Kimcheon-si.

At the same time, the two-way road without a center line is a place where there is no streetlight, and in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent the accident by safely driving the motor vehicle, such as driving a motor vehicle on the front side and driving slowly.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground by taking the front part of FCA110 Obama, which was driven by the victim E (the 64-year-old) driving, coming from the opposite direction of the Defendant’s proceeding, by the negligence on the left side of the said vehicle.

Ultimately, the Defendant, by occupational negligence, sustained an injury to the climatic salt, etc. requiring treatment for about two weeks, and at the same time escaped without immediately stopping the damaged clibane to take measures such as providing relief to the victim, even though the Defendant destroyed the damaged clibane to be in excess of KRW 1,110,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Report on detection of drivers, report on the circumstances of drivers, investigation report (on-site arrival status and actions against drivers of vehicles), diagnosis certificates, estimates, and register of driver's licenses;

1. Previous convictions indicated in its judgment: A inquiry report, such as criminal records, an inquiry report, and a report on results of confirmation of dispositions;

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