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(영문) 대구지방법원 영덕지원 2016.11.18 2016고단202
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person engaging in driving a C low-priced

On September 5, 2016, the Defendant driven the said car with a blood alcohol content of 0.182% 0.182% while under the influence of alcohol around 19:50 on September 5, 2016, and led to the first line of the Ethn-do road in the west-gun, Ulsan-gun.

Since there has been a yellow-ray centering line, there was a duty of care to protect the car line and to prevent the accident in advance by safely driving the vehicle to those engaged in driving business.

Nevertheless, the Defendant neglected this and failed to operate properly the steering direction and operation system of a vehicle under the influence of alcohol as above, and was the victim F(71) who was towing a bicycle on the side of the median line due to the negligence of the central line, followed by the left side of the road, etc. of the said vehicle, followed by a fishing of the said vehicle, and received the rear wheels part of the said bicycle with the front part of the said vehicle.

Ultimately, even though the Defendant suffered injury to the victim, such as the third-class executive staff member at the left-hand side in need of medical treatment for about four weeks due to such occupational negligence, the Defendant left away without immediately stopping the victim and taking measures such as aiding the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, driving a motor vehicle with the highest level of alcohol 0.182% under the influence of alcohol at approximately 7km section from the 7km section to the 1st village in front of the village entrance in the same military, which was in the front of the Sing-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan-do.

Summary of Evidence

Defendant’s legal statement

G Each police statement of each police officer with respect to the occurrence of traffic accidents, the notification of each department related to the report of 112 cases, the actual condition survey report, the accident site photo, the field photo, the notification of the results of the drinking driving control, the report on the situation of traffic accidents, and the report on the situation of the drinking driver.

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