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(영문) 대구지방법원 김천지원 2015.10.07 2015고단681
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution in the Daegu District Court Kimcheon Branch on April 22, 2015, and the said judgment became final and conclusive on April 30, 2015.

The Defendant is a person engaging in driving a leisure car B.

On March 7, 2015, at around 22:10, the Defendant driven the said car while under the influence of alcohol with 0.105% of the blood alcohol concentration without a driver’s license, and led the Defendant to drive the said car in the same way as a two-lane, one-lane, one of the two-lanes, namely, the road front of the Jinyeong-dong in the Jinyeong-si, Jin-si, Jin-si, at the flow of the flow distance from the Jindong

At the time, it is an intersection where a signal is installed at night and at that time, so in such cases, a person engaged in driving service has a duty of care to reduce the speed and to live well on the right and the right and the right, and to drive safely according to the signals.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the part of the victim C(28 years of age)'s D Spole-type driving that is left to the left in accordance with the new code from the old-dong room by negligence in violation of the signal, from the right side of the car of the Defendant.

The Defendant, through occupational negligence, sustained each injury, such as a satis and satis, which requires approximately 2 weeks of treatment to the victim E (the 22 years of age), who is the seater of the damaged vehicle, such as a satis and satise satis, etc., for about 3 weeks of treatment, and escaped without taking necessary measures, such as immediately stopping the vehicle for the victim to damage the 1,203,244 won of the repair cost, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (including the ledger of driver's licenses attached to the attached motor vehicle);

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. To respond to the results of the drinking control;

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