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(영문) 대구지방법원 서부지원 2017.08.30 2017고단391
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

The defendant is a person who is engaged in driving a low-speed car.

1. On January 15, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.123% in blood alcohol at the section of about 20km from the world apartment apartment parking lot located in Daegu-gu, Daegu-gu, via the roads in front of the D household stores located in Daegu-gu, to the extent that the said monthly nature is convenient, and again drive the said car under the influence of alcohol with about 0.123% in alcohol level from the 20km section to the world apartment parking lot.

2. Around January 15, 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 the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) led the Defendant to drive the said vehicle while under the influence of alcohol of 0.123% of alcohol during blood transfusion, and drive the said vehicle on a five-lane road in front of the D household points in Daegu Suwon-gu Suwon-gu, and drive the said vehicle at a speed of about 60km per hour along the direction of the city along the yellow distance.

On the front side of the defendant, the F Belgium car driven by the victim E (F 22 years old) had a duty of care to accurately operate the steering and brake system and to safely proceed by controlling speed in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and proceeded as it is, due to the negligence of the Defendant, received the back part of the Belgium car as the front part of the said Belgium car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E such as salt, tensions, etc. in need of approximately three weeks of medical treatment, and at the same time, the Defendant destroyed the above Belgium car to cover repair costs equivalent to KRW 697,277, which is owned by the victim G, and escaped without immediately stopping, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, and on-site intensity;

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