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(영문) 대구지방법원 김천지원 2016.11.02 2016고단989
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 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 new EFS car.

On May 25, 2016, the Defendant driven the said car while under the influence of alcohol content of 0.104% in front of the Gumina-si 447, Gumina-si, Gumina-si, 00:25, at the speed of 00:0,000, the Defendant driven the said car from the Domina-dong to the 2-lane.

At the time of the defendant's car, DCo driven by the victim C(25 years old) was stopped in order to maintain the signal atmosphere, so in such a case, the driver of the vehicle had a duty of care to safely operate the steering gear and brakes by accurately manipulating the steering gear and operating the steering gear.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리한 채 그대로 진행한 과실로 위 코란도 승용차의 뒷 범퍼 부분을 피고인의 승용차 앞 범퍼 부분으로 들이받고 그 충격으로 위 코란도 승용차가 앞으로 튕겨나가면서 그 앞에 정차하고 있던 피해자 E(55세)이 운전하는 F SM3 승용차의 뒷 범퍼 부분을 들이받게 하였다.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the above C, such as the following lights and the alleys in need of a two-day medical treatment, and the injury to the above E, which requires a two-day medical treatment, and at the same time, the above CM3 car is damaged to the repair cost of KRW 1,549,260, and the above CM3 car is destroyed to the repair cost of KRW 800,710, respectively, and escaped without taking necessary measures, such as immediately stopping the above SM3 car to the extent of KRW 800,710, and driving the vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A report on the occurrence of a traffic accident, photographs of damaged vehicles, photographs of the scene of the accident, and a survey report on actual condition;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1.Each.

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