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(영문) 대구지방법원 2016.06.23 2016고단1118
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2015, the Defendant violated the Road Traffic Act (divated driving) driving a dial car at approximately five kilometers in five kilometers in front of apartment houses, through the three-dimensional distance from the Do in front of the Daegu Bank located in the Sinsan-si, Jinsan-si, Jinsan-si, a city located in the Do in the Sinsan-si, Gyeongsan-si, a city located in the 298-lane, while under the influence of alcohol by 0.194% in alcohol concentration among blood transfusions around 20:25.

2. The defendant is a person who is engaged in driving a DNA motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egression) and the Road Traffic Act (Egress after accidents).

On December 9, 2015, the Defendant driven the above car at around 20:25 on December 2015, and moved the car at a low speed while moving the car to a lower-water slope from the tri-distance intersection in front of C in Gyeongsan City.

At that time, there was a f-wing car of the victim E(41 Do) driving, who is directly engaged in the smooth speed and method by accurately manipulating the operation of the operation and the steering gear, and thus, the person engaged in driving service has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty

Nevertheless, the Defendant neglected this and failed to avoid the damaged vehicle due to the negligence while under the influence of alcohol as set forth in paragraph (1), and received the part on the left side of the damaged vehicle by the Defendant’s driving.

Ultimately, even though the Defendant suffered from an injury to the injured party, such as catum salt in need of a two-day medical treatment due to the foregoing occupational negligence, and at the same time, damaged the front cater, etc. of the victimized vehicle to come up with approximately KRW 2,681,868, the Defendant did not immediately stop and failed to take necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Each investigation report (the cause of drinking traffic accidents);

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