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(영문) 대구지방법원 2013.10.23 2013고정2058
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 22:40 on July 4, 2013, the Defendant driven a 80-1st km car from the 80-1st to the front road of the Gu residents’ playgrounds located in Daegu Northern-gu, the Gu residents’ playgrounds, as the Defendant was under the influence of alcohol by 0.124% of blood alcohol concentration.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those engaged in driving motor vehicles B;

On July 4, 2013, the Defendant driven the said car at around 22:40, as indicated in Paragraph 1, and proceeded two lanes at a speed of about 40km in accordance with the parallel intersection distance. The Defendant, as at the center of Daegu Northern-gu, 80-1, as at the center of the glick-gu, Daegu Northern-gu, Llick-gu.

At the time, the buck road was mil, so in such a case, a person engaged in the driving of a motor vehicle had a duty of care to care for the operation of the boom and the left and right, and to accurately manipulate the steering direction and the brake system without the influence of alcohol.

Nevertheless, the Defendant neglected this and neglected to operate the brakes in a breath manner while on duty, caused the victim C(the age of 43) who stops in the signal atmosphere in front of the same direction, and received the part of the loaded parts of the D Poter freight behind the Defendant’s car.

As a result, the Defendant suffered from an influence of the part having the victim undergo approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the repair cost of KRW 320,796 was destroyed to the extent that the above victim’s cargo is damaged and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A written statement of the status of the driver;

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