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(영문) 대구지방법원 2016.06.09 2016고단1249
특정범죄가중처벌등에관한법률위반(도주차량)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant: (a) driven a BM7 car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.145% from the 500-meter section to the front road of the seat of KCC Daegu located in the same Dong-dong, Daegu Northern-gu, Taegu, Daegu.

2. The Defendant is a person who is engaged in driving a MF7 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the Road Traffic Act (Egress after accidents).

On September 24, 2015, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1 of around 22:05, and led to two lanes along the parallel distance between the intersection and the parallel distance between the parallel parallel and the parallel of four lanes in front of the border zone in Tae-gu, Daegu.

At the time, since it is at night, there was a duty of care to check whether a vehicle used to reduce speed for a person engaged in driving a motor vehicle and to check the side well, and to prevent an accident in advance by driving a motor vehicle safely.

Nevertheless, the Defendant neglected to do so and went on to the front of the Defendant, thereby driving the Defendant C(33) by negligence.

D Launaly, the part behind the right edge of the vehicle was received in front of the left edge of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, even though the repair cost is damaged to the extent equivalent to KRW 792,100.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement on the occurrence of traffic accidents;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;

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